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Author: 


Copp,  Henry  Norris 


Title: 


The  American  settler's 
guide 

Place: 

Washington  D.C. 

Date: 

1885 


e)U.<;.^o^a~(n 


MASTER   NEGATIVE  # 


COLUMBIA  UNIVERSITY  LIBRARIES 
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Copp,  Henry  N[0rri8] 

The  American  settler's  guide:  a  popular  exposition  of 
the  public  land  system  of  the  United  States  of  America. 
21st  edj.^  j^Washington,  D.  C,  The  Editor,  1899.  1885. 

104  p.    iUus.   8*.  9  th  ed. 


Library  of  Congress 


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LIBRARY 


School  of  Business 


1. 


THE 


yfi'3 


American  Settler's  Guide 


A  POPULAR   EXPOSITION 


OF  THE 


PUBLIC  LAND  SYSTEM 


OF  THE 


I 


UNITED  STATES  OF  AMERICA. 


4 


.lO 


BY 


! 


HENET   N.    OOPP. 

Editor  of  Copp's  Public  Land  Laws,  U.  S.  Mining  Decisions,   U.  S.  Mineral  Lands,  Hand-Book 
of  Mining  Law,  American  Mining  Code,  and  Copp's  Land  Owner. 


tl 


NINTH    EDITION. 


PUffLlSpED  3V  .THE  EDITOR, 
.•    •  WASHINGrON.'i).  c,'; 
1885. 


■I  « 

I      • 


•      •  •       • 

'.     ft  •  , 


1  «      •         * 


\ 


•        •  • 


*       •'  I 


Note. — The  reference  in  this  book  to  Copp's  Public  Land  Laws  are  to  the 
work  issued  in  1875.  The  Land  Owner  references  herein,  from  Vols.  2  to  8 
inclusive,  may  be  found  in  Copp's  Public  Land  Laws,  1882,  by  means  of  the 
Lisr  of  Cases  in  that  work. 


Copyright, 

By  henry  N.  COPP, 

1885. 


\\<o 

C73 


* 


INQUIKBR  P.  *  P.  CO., 

STERBOTTPERS   AND   PRINTBM, 

LANCASTER,  PA. 


t     f 


X 


TABLE  OF  CONTENTS. 


CHAPTER  I. 

EXPLANATORY. 

I.  Public  and  Private  Lands 7 

a.  Lands  not  Public 7 

b.  Public  Lands 7 

c.  Kinds  of  Public  Lands 7 

II.  Several  Terms  Explained, 8 

a.  Public  Sale 8 

b.  Private  Sale,  Private  Entry,  and  Location.   ...       8 

c.  Offered  and  Unoffered  Lands 8 

d.  Minimum  and  Double  Minimum  Lands 9 

III.  What  will  Pay  for  Lands 9 

a!  Cash  Purchases 9 

b.  Location  with  Warrants 10 

c.  Agricultural  College  Scrip 'O 

d.  Supreme  Court  Scrip 'O 

e.  Indemnity  Land  Scrip H 

<  Revolutionary  Bounty  Land  Scrip n 

g.  Certificates  of  Deposits • 1 1 

>4.  Other  Kinds  of  Scrip H 

IV.  CiHzenship 12 

V.  Presentation  of  Appeals ^2 

VI.  How  Much  Land  One  Person  Can  Take 14 

VII.  What  An  Agent  Can  Do 14 

CHAPTER   IL 

UNrrED  STATES  SYSTEM  OF  SURVEYS. 

• 

How  to  Fmd  a  Tract  of  Land 15 

How  Townships  are  Numbered 16 

How  to  Tell  Corners 16 

Manner  of  Establishing  Comers  by  Posts 16 

Diagram  Illustrating  Public  Surveys ^.  17 

Notching  Comer  Posts 18 

Bearing  Trees 19 

Comer  Stones 19 

Mounds ■.   .   .  " 20 

Double  Comers .....■..*«        ...........  21 

Instructions  for  Surveys  since  1864 21 

Meandering  Navigable  Streams  .    .    .    . 22 

Surveys  Made  at  Expense  of  Settlers 22 

How  to  Subdivide  Sections 23 

Re- establishment  of  Lost  Corners 22 

CHAPTER  IIL 

HOMESTEADS.  ^ 

(.  Homesteads  in  General 25 

a.  Application  and  Entry 25 

Adjoining  Farm  Entries .  27 

Additional  Entries,  Law  of  1879 27,  64 

Indian  Homesteads 28 

Rulings  of  the  Land  Department 28,  54 

b.  Residence  and  Cultivation 30.  57 

c.  Amendment 3^>  5^ 

Application  for  Change  of  Entry 33 

(iii) 


-  -1 


'I  ii 


»▼ 


TABLE  OF  CONTENTS. 


-X' 


PACK. 

d.  Final  Proof  and  Commutation 34,  58 

Notice  of  Intention 34 

Proof  of  Publication 35 

Homestead  Proof 35 

Wiio  Shall  Make  Final  Proof 38 

e.  Abandonment 39 

Rulings 40,  60 

f.  Relinquishment 4i>  61 

11.  Soldiers*  and  Sailors*  Homesteads 42 

a.  Original  Entries 42 

How  to  Proceed 43 

Rulings : 44 

b.  Additional  Entries 46 

Rulings .'   .    .  47 

in.  Special  Relief 48 

Acts  of  May  14,  1880,  June  15,  1880,  June  16,  1880,  etc 49»  S4 

CHAPTER  IV. 

PRE-EMPTIONS. 

Homestead  and  Pre-emption  Privileges  Compared ^    .    66 

I.  Pre-emption  Claims '.    66 

a.  Who  are  Qualified  Pre-emptors 67,  76 

b.  Settlement  and  Filing 67,  75 

Rulings 67 

c.  Residence  and  Improvements 69,  78 

Rulings 69 

d.  Proof  and  Payment 70 

Rulings 73,  79 

e.  Sale  and  Forfeiture 74 

Rulings 74,  79 

II.  Pre-emption  Homesteads 74 

Rulings 62,  75 

CHAPTER  V. 

TIMBER  CULTUILE. 

a.  Who  May  Apply,  and  for  What  Kind  of  Land 81 

Rulings 81,  86,  93 

b.  Application,  Entry  and  Proof 82 

Rulings 82,  86,  93 

c.  Contest  and  Cancellation * .    85 

Rulings 85»  S7,  95 

d.  Final  Proof 87,  95 

CHAPTER  VL 

mSCELLANEOUS. 

L  ^own-sites , 97 

II.  Railroad  Grants , 99 

a.  Homestead  and  Pre-emption  Claims  in  General 99 

b.  Relinquishment  in  Favor  of  Settlers 100 

c.  Confirmation  of  Pre-emptions  and  Homesteads 100 

III.  State  Lands lOI 

IV.  Private  Land  Claims loi 

V.  Indian  Lands 102 

VI.  Mines  and  Mineral  Lands  .   ! I02 

VII.  Coal  Lands 102 

VIII.  Stone  and  Timber  Land% 106 

IX.  Saline  Lands 107 

X.  Desert  Lands 108 

CHAPTER   VII. 

WHERE  TO  SETTLS. 

I.  List  of  United  States  Land  Officers I15 

II.  List  of  State  Land  and  Immigration  Officers 116 

III.  List  of  Railroad  Land  Commissioners  and  Agents 117 


GENERAL  INDEX. 


. 


PAGE. 

Abandonment,  of  Homestead 39 

«*     Preemption 74 

"     Timber  Culture  Claim 85 

Absence,  on  Account  of  Grasshoppers,  etc : 4 

.Additional  Entry — Soldiers*  and  Sailors' 4^ 

Under  law  of  March  3,  1879  ; .27 

Adjoining  Fairo  Homesteads 27,  37 

Agricultural  College  Scrip ^^ 

Lands •      7 

Alien — See  Citizenship 12 

Amendment  of  Entries 3' 

Appeals 13 

Application  Under  Homestead  Laws 25 

Timber  Culture  Law 82 

Bounty  Lands — See  Military  and  Revolutionary  Bounty  Land  Warrants  and  Scrip    .    .  10,  11 

Cancellation,  of  Homestead  Entry 39 

Timber  Culture  Entry 85 

Cash  Entry  or  Purchase 8,  9 

Chippewa  Scrip 12 

Citizenship ....    12 

City 97 

Coal  Lands 8,  102 

Commutation  of  Homestead  Entries 30»  37 

Contest  of  Homestead  Entries 39 

Timber  Culture  Entries 85 

Comers,  How  to  Tell i 

Manner  of  Establishing 16,  19,  2I 

Cultivation  of  Homesteads 30 

Pre-emption  Claims 69 

Declaratory  Statement — See  Pre-emption  and  Soldiers'  Homesteads 42,  66 

Desert  Lands 8,  108 

Double  Minimum  Lands — Term  Explained 9 

Drought — Relief 48 

Entry — Homestead 25,  27,  42,  46 

Pre-emption 66,  70 

Ordinary  Private 9 

Timber  Culture 81 

Fees — For  Homestead  Entry 26 

Pre-emption  Entry 66 

Private  Entry ' 9 

Timber  Culture  Entry 81 

Final  Proof— See  Proof 35.  7»»82 

Foreigner — See  Citizenship 12 

Forfeiture  of  Pre-emption  Right 74 

Grants — Private loi 

Railroad 102 

Grasshoppers — Relief 48 

Hearing — See  Contest ► 39>  84 

Homesteads — Chapter  III 25 

Pre-emption 74 

vs.  Railroads 99 

Immigration  Officers 116 

Indians — Homesteads 28 

Reservations ,  I02 

Indemnity  Scrip n 

Land  Officers  of  United  States I'S 

(V) 


I'll 


DAMAGED  PAGE(S) 


VI 


GENERAL  INDEX. 


PACK. 

List — U.  S.  Land  Officers 115 

State  Land  and  Immigration  Officers 116 

Railroad  Land  Commissioners  and  Agents  .  .  117 

Location '  .  8, 10 

Meandering  of  Streams 22 

Mexican  Grants loi 

Military  Bounty  Land  Warrants 10 

Mineral  Land 8,  102 

Minimum  Land 9 

Offered  Land 8 

Original  Entry — Soldiers'  and  Sailors' 42 

Porterfield  Warrant 12 

Pre-emption  Claims 66 

Homesteads  ...  74 

vs.  Railroads 99 

Private  Entry o 

Land 7 

Land  Claims lOI 

Land  Scrip  (Supreme  Court  Scrip) 10 

Sale S 

Proof — Homestead 34 

Pre-emption 70 

Timber  Culture 87 

I*ublication — Notice  of  Final  Proof 34 

Public  Land 7 

Sale 8 

Railroad  Grants 99 

Land  Commissioners  and  Agents 1 17 

Relief,  Special 48 

Relinquishment — Homestead 41 

Pre-emption 74 

Timber  Culture 89 

Residence  on  Homestead 30 

Pre-emption  Claim 69 

Revolutionary  Bounty  Land  Scrip 11 

Rivers 22 

School  Sections loi 

Sale— Public 8 

Private 8 

of  Homestead  Claim 39 

"    Pre-emption     "       74 

Saline  Lands * 8, 107 

Scrip  of  Various  Kinds 9»  'O,  ri 

Sections — How  to  Subdivide 23 

How  Nimibered 16 

To  Restore  Lost  Comers  in 23 

Soldiers'  Homesteads,  Original  .    .    .    .' 42 

Additional 4^ 

Certificates 12 

State  Selections loi 

Land  Commissioners • I'S 

Settlement 66,  113 

Stone  Lands 8,  106 

Siirveys ^5 

Timber  Culture  Entries 81 

Lands 8,  106 

Townships — How  Numbered '6 

TojwTisites 97 

Trees,  Bearing ^9 

Unoffered  Lands 8 

Valentine  Scrip 12 

Warranto . 10 


THE 


American  Settler's  Guide. 


CHAPTER    I. 

EXPLANATORY. 
L  Public  and  Private  Lands. 
All  real  estate  in  the  United  States  is  either  public  or  private. 

a.   LANDS   NOT   PUBLIC. 

I*rivate  lands  are  owned  by  private  persons  or  corporations,  the  titles  being  derived  firom  the 
General  Government  or  from  a  Foreign  Power.  Titles  derived  from  foreign  governments  are 
protected  by  treaty,  and  are  either  complete  or  inchoate.  Complete  titles  need  no  further  action 
on  the  part  of  the  United  States,  whereas  inchoate  (incomplete)  titles  usually  require  examina- 
tion, sur\'ey,  and  patent  (*). 

To  distinguish  them  from  government  lands,  the  tracts  donated  to  the  several  States  by  ilie 
United  States,  or  obtained  otherwise  as  in  Texas,  are  called  State  lands  ('»),and  are  not  subject 
to  disposal  under  the  land  laws  of  the  United  States. 

^.    PUBLIC    1J\NDS. 

All  lands  owned  by  the  United  States  are  public  lands,  though  usually  those  only  are  so 
termed  which  are  for  sale  or  other  disposal  by  the  Government  under  general  laws  (<=).  In  this 
latter  sense  the  term  will  be  used  throughout  this  book.  The  public  lands  are  witliin  the  States 
of  Alabama,  Florida,  Illinois,  Indiana,  Michigan,  Mississippi,  Ohio,  Wisconsin,  and  all  the 
States  and  Territories  west  of  the  Mississippi  River,  except  Texas,  Alaska^  and  the  Indian  Ter- 
ritory. In  Ohio,  Indiana,  and  Illinois,  but  little  public  land  is  to  be  found,  and  this  is  for  sale 
at  the  General  Land  Office  in  Washington.  The  other  public  land  States  and  Territories  are 
divided  into  districts,  in  each  of  which  is  a  land  office  with  two  officers  in  attendance,  one 
called  the  Register,  and  the  other  tlie  Receiver.  These  officers  act  as  agents  or  salesmen  for 
the  Government,  and  if  tlie  sales  made  by  them  are  approved  by  the  Commissioner  of  the 
General  Land  Office,  patents  for  the  lauds  are  issued  to  the  purchasers.  A  list  of  all  exist- 
ing local  land  offices  will  be  found  in  Chapter  VII. 

<r.    KINDS  OF   PUBLIC   LANDS. 

I.  Agruultural  Lands  are  those  that  will  produce  agricultural  crops.     These  are  dispesr.  i 
of  under  the  Homestead,  Preemption,  and  Timber  Culture  laws,  and  those  relating  to  Publi 
Sale  and  Private  Entry.     Grazing  lands  can  be  purchased  at  public  sale  and  private  entry  {^], 

(»)  A  land  patent  is  the  written  document  through  which  the  United  States  transfers  to  a  private  party,  cor- 
poration, or  State,  all  its  right  and  title  in  the  land  described.     It  is  signed  by  the  President,  countersigned  \> 
the  Recorder  of  the  General  Land  Office,  and  sealed  with  the  seal  of  that  Office.     It  is  the  Government's  deei 

C")  For  the  purchase  of  State  lands,  see  Chapter  VI. 

(«)  Newhall  v.  Sanger,  I^^dOwncr,  Vol.  3,  p.  39. 

(*)  A  law  has  just  pas^^^^^^g  Alaska  to  limited  settlement. 

(■)  Provided  they  d^j^^^^^^^ltf.)\cTw\sc  such  b.ndn  are  subject  to  entry  as  agricultural  lands. 


^v 


w 


■/  .1 


V'-'  I 


8 


THE  AMERICaUT  SETTLER'S  GUIDE. 


■-''  if^ 


m 


2.  Desert  Laruis  are  such  as  will  not  produce  crops  without  imgation  or  an  artificial  cnpply 
of  water,  r  These  lands,  in  the  States  of  California,  Oregon,  and  Nevada,  and  in  the  Tenitotiet 
of  Washington,  Idaho,  Montana,  Utah,  Wyoming,  Arizona,  New  Mexico,  and  Dakota^  can  be 
purchased  under  the  Act  of  March  3,  1877.     See  Chapter  VI. 

3.  Timber  Lands  are  those  not  fit  for  cultivation,  but  valued  for  the  timber  growing  upon 
them.  The  timber  lands  in  California,  Oregon,  Nevada,  and  Washington  Territory,  are  for 
sale  under  the  law  of  June  3,  1878.     See  Chapter  VI. 

4.  $tone  Lands  are  those  areas  valued  for  the  stone  they  contain,  and  arc  for  sale  under  the 
iame  act  of  Congress  as  the  Pacific  Coa^  timber  lands. 

5.  Coai  Lands  are  the  lands  valued  for  the  deposits  of  coal  therein.  They  may  be  bought 
under  the  Coal  Act  of  March  3,  1873.    See  Chapter  VI. 

6.  Mineral  Lands  are  those  tracts  which  are  more  valuable  for  the  metals  or  other  min- 
erals they  embrace  than  for  agricultural  purposes.  These  lands  may  be  secured  under  the 
mining  laws,  except  coal  and  stone  lands,  which  are  sold  under  separate  acts  of  Congress.  See 
Chapter  VI. , 

7.  Saline  Lands  are  lands  whereon  salt  springs  are  found.  The  act  of  January  12,  1877, 
under  which  salines  can  be  bought,  is  very  restricted  in  its  operations.  It  does  not  apply  to 
any  lands  in  the  Territories,  nor  within  the  Stateaof  Mississippi,  Louisiana,  Florida,  California, 
and  Nevada.     See  Chapter  VI. 

These  are  the  several  classes  of  public  lands  recognized  by  and  for  sale  under  the  laws  of 
Congress.  They  cannot  be  sold  under  any  state  law,  and  state  courts  have  no  authority  on  the 
question  of  title,  to  them  until  after  a  patent  has  issued.  They  caimot  be  taxed,  though  the 
settler's  unprovements  thereon,  having  the  character  of  personalty,  may  be.  The  settler  should 
not  delay  securing  his  patent  because  he  wishes  to  save  taxes.    There  is  too  much  risk  of  losing 

all  his  improvements  by  some  other  party  seeking  title  to  the  same  tract  of  land. 

/'  ■  • 

II.   Several  Terms  Explained. 
The  following  expresaons  are  often  used : 

a.   PUBUC  SALE. 

A  public  sale  of  lands  is  an  auction  sale.  When  large  bodies  of  land  are  to  be  sold,  a 
proclamation  is  issued  in  the  President's  name,  describing  the  tracts  and  stating  the  time  and 
place  of  sale.  When  only  a  few  isolated  tracts  of  land,  not  embraced  in  the  regular  procla- 
mations, are  to  be  disposed  of,  a  notice  to  that  effect  is  published  in  a  newspaper  in  the 
vicinity. 

The  land  is  sold  to  the  highest  bidder  for  cash  only,  which  must  be  paid  on  the  same>  day. 
There  are  few  public  sales  at  the  present  time,  as  the  policy  of  the  Government  is-to  encourage 
pre-emption  and  homestead  settlement  and  timber  culture.  A  man  who  buys  land  at  public 
tale  is  not  compelled  to  settle  on  or  cultivate  it. 

b.   PRIVATE  SALE,  PRIVATE  ENTRY,  AND   LOCATION. 

These  three  terms  mean  nearly  the  same.  Where  lands  are  offered  at  Public  Sale  and 
nobody  bids  for  them,  they  may  be  bought  at  any  time  thereafter  at  the  local  land  office,  if  not 
withdrawn  in  the  meantime  from  market  or  reserved  for  some  purpose.  This  is  called  a  private 
sale  or  entry,  or  when  the  tract  is  paid  for  by  a  Warrant  or  Land  Scrip  it  is  called  a  location. 
In  case  a  tract  is  withdrawn  from  market  in  consequence  of  an  entry  afterwards  cancelled  foi 
any  reason,  or  through  erroneous  marks  on  the  books  of  the  district  office,  it  is  not  again  sub 
ject  to  private  entry  until  restored  by  public  notice  of  at  least  thirty  days. 

C,  OFFERED  AND  UNOFFERED  LANDS. 

XMered  lands,  as  may  be  supposed  from  the  previous  statements,  are  those  that  have  bcea 
advertised  or  proclauned  for  sale,  but  which  were  not  then  sold.  If  not  withdrawn  or  re- 
served, they  remain  open  to  private  entry  or  location. 

Unofiered  lands  are  such  as  were  never  offered.  1 . 


i 


THE  AMERICAN  SETTLER'S  GUIDE.  9 

d.  MINIMUM  AND  DOWBLB  MINIMUM  LANDS. 

These  terms  refer  to  the  price  of  lands.  Minimum  (lowest)  priced  lands,  when  sold  at 
iriTate  entry  for  cash,  bring  one  dollar  and  twenty-five  cents  an  acre;  and  this  is  the  lowest 
Mice  they  are  allowed  to  be  sold  for  at  public  sale. 

Lands  within  railroad  limits  are  supposed  to  be  more  valuable  on  that  account,  and  are  rated 
at  two  dollars  and  fifty  cents  an  acre.  They  are  consequenUy  called  double-minimum  lands. 
[See  act  of  June  15,  1880  for  reduction  in  price  of  certain  lands.] 

Under  some  circumstances,  as  in  case  of  a  withdrawal  for  railroad  purposes,  the  reserved 
sections  being  enhanced  in  price,  require  under  the  law  that  they  should  be  re-offered  at  the 
enhanced  or  double-minimum  price  before  being  subject  again  to  private  entry. 

III.  What  Will  Pay  for  Lands. 

Lands  bought  at  private  entry  may  be  paid  for  with,  i.  Cash:  2,  Military  Bounty  Land 
Warrants :  3,  Agricultural  College  Scrip :  4,  Supreme  Court  Scrip :  5,  Indenmity  Land  Scrip : 
6,  Revolutionary  Bounty  Land  Scrip :  7,  Certificates  of  Deposits. 

Valentine  Scrip,  Porterfield  Scrip,  Several  Private  Act  Scrips,  Sioux  and  Chippewa  Indian 
Scrips,  and  Soldiers'  Additional  Homestead  Certificates,  will  pay  for  such  lands,  but  as  they 
can  also  be  located  on  unoffered  tracts,  and  some  of  them  even  on  unsurveyed  lands,  they 
sell  for  several  dollars  an  acre.  As  the  only  object  in  using  warrants  or  scrip  for  private  entry 
or  location  is  that  they  can  be  bought  of  private  dealers  for  less  than  one  dollar  and  twenty 
five  cents  per  acre,  the  minimum  price,  the  high-priced  scrips  are  never  used  for  private  entry 
or  location. 

a.   CASH   PURCHASES. 

The  applicant  will  first  present  a  written  application  to  the  Register  for  the  district  in  which 
the  land  desired  is  situated,  describing  the  tract  he  wishes  to  purchase,  giving  its  area  in  the 
following  form : 

CASH    APPLICATION. 

No.  .  *  Land  Office  at  , 

i^Daie) ,  x8— . 

I,  -   of county,  ,  do  hereby  apply  to  purchase  the of  section ,  in  township 

,  of  range ,  containing acres,  according  to  the  returns  of  the  surveyor  general,  for  which  1 

bftTe  agreed  with  the  Register  to  give  at  the  rate  of per  acre. 


I, 


(Applicant's  name)  • 


—— ,  Register  of  the  land  office  at ,  do  hereby  certify  that  the  lot  above  described  contains 

■  ■    ■    acres,  as  mentioned  above,  and  that  the  price  agreed  upon  is  1 per  acre. 

,  Register. 

Thereupon  the  Register,  if  the  tract  is  vacant,  will  so  certify  to  the  Receiver,  stating  the 
price,  and  the  applicant  must  then  pay  the  amount  of  the  purchase  money. 

The  Receiver  will  then  issue  his  receipt  for  the  money  paid,  giving  to  the  purchaser  a  dupli 
cate'  or  copy  of  the  receipt  as  follows : 

CASK  RECEIPT.  ,- 

No.  — — .  Receiver's  Office  at , 

(^Date) ,  18—. 


.,of. 


county. 


-,  the  sum  of 


dollars  and 


cents;  being  in 
—  acres 
,  Receiver. 


Received  firom  — —  — 

full  for  the quarter  of  section  No. ,  in  township  No. ,  of  range  No. ,  containing 

and hundredths,  at  %■ 

% 

At  the  close  of  the  month  the  Register  and  Receiver  will  make  returns  of  the  sale  to  the 

General  Land  Office  at  Washington,  from  which,  when  the  proceedings  are  found  regular,  a 
patent  or  complete  title  will  be  issued. 

When  patents  are  ready  for  delivery,  they  will  in  all  cases  be  transmitted  to  the  local  office 
where  the  location  or  entry  was  made,  where  they  can  be  obtained  by  the  party  entitied 
thereto,  upon  surrender  of  the  duplicate  receipt,  or  certificate,  as  the  case  may  be ;  unless  the 
duplicate  shall  have  been  previously  filed  in  the  General  Land  office,  with  a  request  that  the 
patent  be  deUvered  to  a  certain  party,  or  sent  to  a  specified  place.  In  no  case  will  the  patent 
be  delivered  either  from  Washington  or  the  local  office  except  upon  receipt  of  such  duplicate, 
or,  in  case  of  its  loss  from  ^ny  cause,  upon  the  filing  of  an  affidavit  made  by  the  present 
bona  fide  owner  of  the  land,  accounting  for  the  loss,  and  also  showing  ov\'Tjership  of  the  tracts 
or  a  portion  thereof  embraced  in  the  patent. 


4' 

--4 
lit 


10 


THE  AMERICAN  SETTLER^S  GUIDE. 


Formerly,  when  the  duplicate  wis  duly  assigned  by  the  locator,  by  a  valid  tnmsfer  in  accortf- 
ance  with  the  laws  governing  transfer  of  real  estate  in  the  State  where  the  land  is  situated, 
such  asagnment  was  recognized  and  patent  issued  accordingly,  provided  the  duplicate  with  the 
tssignment  thereon  was  filed  in  the  General  Land  Office  prior  to  the  issuing  of  patent ;  but  in 
K)  case  will  a  patent  be  issued  hereafter  to  an  assignee,  unless  the  law  governing  the  entry  in 
question  contains  an  express  provision  for  the  issuance  of  patents  to  assignees.  Transfers  of 
this  kind  must  in  all  cases  comply  strictly  with  the  law  of  the  place,  and  if  the  assignor  be  a 
married  man,  and  the  statute  requires  the  wife  to  join  in  the  deed,  it  must  be  complied  with, 
and  in  case  of  failure  in  this  or  other  vital  point,  the  patent  will  issue  only  in  the  name  of  the 
ari^nal  purchaser. 

i.  LOCATIONS  WITH  WARRANTS. 

Military  Bounty-Land  Warrants  are  issued  by  the  Commissioner  of  Pensions  for  services  in 
the  several  wars  before  1855.  No  warrants  are  issued  for  services  during  the  late  dvil  war. 
These  warrants  call  for  40,  60,  80,  120  or  160  acres  of  land,  and  being  assignable  can  be 
located  by  a  purchaser.  Warrants  and  the  several  kinds  of  scrip  should  be  bought  only  of 
responsible  dealers,  with  a  written  guarantee  that,  in  case  of  error  in  the  asagnment  or  other 
defect,  or  occasional  forgery,  the  settler  will  not  lose  anything  thereby.  The  market  price  of 
warrants  is  from  $1.00  to  $1.20  per  acre. 

Application  must  be  made  as  in  cash  cases,  but  must  be  accompanied  by  a  warrant  duly 
assigned  as  the  consideration  for  the  land ;  yet  where  the  tract  is  #2.50  per  acre,  the  party,  in 
addition  to  the  surrendered  warrant,  must  pay  in  cash  $1.25  per  acre,  as  the  warrant  is  in  satis- 
faction of  only  so  many  acres  at  ^1.25  per  acre,  or  furnish  a  warrant  of  such  denomination  as 
will,  at  the  legal  value  of  $1.25  per  acre,  cover  the  rated  price  of  the  land.  For  example:  a 
tract  of  40  acres  of  land,  held  at  I2.50  per  acre,  can  be  paid  for  with  a  warrant  calling  for  40 
acres  and  the  payment  of  $$0  in  cash,  or  by  surrendering  an  eighty-acre  warrant  for  the  same 
— the  40  acres  to  be  in  full  satisfaction  for  the  said  location.  Or  a  tract  of  80  acres,  rated  at 
52.50  per  acre,  can  be  paid  for  by  the  surrender  of  two  eighty-acre  warrants.  If  there  is  a 
small  excess  excess  in  the  area  of  the  tract  over  the  quantity  called  for  on  the  face  of  the  war 
rant  in  any  case,  such  excess  may  be  paid  for  in  money.  * 

A  duplicate  certificate  of  location  will  then  be  furnished  the  party,  to  be  held  until  the 
patent  is  delivered,  as  in  cases  of  cash  sales. 

The  following  fees  are  chargeable  by  the  land  officers,  and  must  be  paid  at  the  time  of 
location  : 

For  a  40-acre  warrant,  50  cents  each,  to  the  Rqiister  and  Recei'ver — total,  ^x.oo. 
For  a  60-acre  warrant,  75  cents      "                        "  "  "        x.50. 

For  an  80-acre  warrant,  ;^i. 00        "  "  "  "        a.oo. 

For  a  120-acre  warrant,  $1.50  "  **  "  "        3.00. 

For  a  160-acre  warrant,  $2.00  "  **  '*_  "       4.00. 

C.  AGRICULTURAL  COLLEGE  SCRIP. 

This  scrip  was  issued  under  the  Act  of  Congress  of  July  2,  1862,  for  the  establishment  of 
Agricultural  Colleges.  There  is  very  little  of  it  now  in  market,  and  it  is  valued  about  the 
same  as  warrants.  The  manner  of  proceeding  to  acquire  title  with  this  class  of  paper  is  the 
same  as  in  Cash  and  Warrant  cases,  the  fees  to  be  paid  the  land  officers  being  the  same  as  on 
warrants.  Only  three  sections  in  each  township  and  one  million  acres  in  any  one  state  can  be 
located  at  private  entry  .with  this  scrip.  It  is  restricted  in  this  class  of  entries  to  a  technical 
"  quarter-section,"  that  is,  land  embraced  by  the  quarter-section  lines  indicated  on  the  official 
plats  of  survey;  or  it  may  be  located  on  a  part  of  a  "quarter-section"  where  such  part  is 
taken  as  in  full  for  a  quarter;  but  it  cannot  be  applied  to  different  sub- divisions  to  make  ar 
area  equivalent  to  a  quarter-section. 

</.  SUPREME  COURT  SCRIP. 

This  scrip  is  issued  by  the  General  Land  Office,  under  decrees  of  the  United  «States 
Supreme  Court,  pursuant  to  Acts  of  Congress,  to  satisfy  land  claimants  in  Florida,  Louisiana 
and  Missouri,  whose  land  has  been  sold,  or  otherwise  disposed  of,  by  the  government.    At 


I 


THE  AMERICAN   SETTLER'S  GUIDE. 


11 


private  entry,  this  scrip  is  locatable  only  upon  minimum  (^1.25)  lands.  .The  law  authorizes 
no  fees  to  be  collected  tiiereon  by  the  local  officers.     The  market  price,  is  I1.15  to  |i.20  per 


acre.  ...  j*      * 

The  party  who  desires  to  locate  must  surrender  the  scrip,  and  make  apphcation  accordmg  tc 

the  following  form : 

ACTS  OF  JUNE  22,  1860,  MARCH   2,  1867,  AND  JUNE   lO,  1872. 

Rbgistbk 

5jay  of ",  by  the  Supreme  Court  of  the  United 


Scrip  issued  bv 

'.  ch 


ft  AND  RbCBXVBR'S  ) 

No .  I 

led  by  virtue  of  a  de 


Scrip  No.  — 
ecree  rendered  on  the 

or legal  representatives. 


S^;':!l!l*l!l!l','\eU  apply_to  l^^^H^t^e  aW:del^d^cjrti^fi«a 


1,  in  Township  No. ,  of  Range  No. ,  containing 

Witnen  my  hand  this day  of ,  A.  D.,  188—. 


Attest: 


cu  vww..v«..       — quarter  of  Section  No. 
acres,  in  the  district  of  lands  subject  to  sale 

,  (Applicant.) 


-,  Registtr. 
-,  Receivtr. 


A  certificate  of  entry  is  then  issued,  as  follows,  a  duplicate  or  copy  being  given  to  the  party, 
to  be  held  by  him  as  his  evidence  of  title  until  the  patent  shall  be  issued : 


Acre  OF  JUNE  22,  i860,  MARCH  2,  1867,  AND  JUNE  lO,  1872. 


} 


Register's  Office, 
At 


-,  188—. 


C«BTIF1CATB  OF  EnTRV. 

Rbcistxr  No. . 

I  ceitifr  that  certificate  of  locaUon.  No. .for T»^"«' '1'^^/'*1!1°^3'1!hTv''°'*^''^^ 

^"dg.'Sr-— -  by  the  Supreme  Court  of  the  United  States,  has  this  day  been  located  by  —^-  on 

S^ni^Tqiarter  S;c2^n  No.  — .  in  Township  No. ,  of  Range  No. ,  containing acres. 

^  ,  Register. 

e,   INDEMNITY  LAND  SCRIP 

These  certificates  of  location,  issued  under  the  act  of  June  2.  1858,  are  used  precisely  in 
the  same  manner  as  the  Supreme  Court  scrip.  The  application  and  certificate  are  the  same 
with  a  few  verbal  changes. 

/.   REVOHJTIONARY  BOUNTY  LAND  SCRIP. 

This  scrip  is  issued  by  tiie  General  Land  Office  in  satisfaction  of  Virginia  land-warrants.  It 
is  "  receivable  in  payment  of  any  lands  owned  by  the  United  States  subject  to  sale  at  private 
entry,"  and  can  be  appUed  at  the  rate  of  $1.25  per  acre,  in  the  same  manner  as  money,  in  all 
cases  where  the  tract  appUed  for  contains  the  area  specified  in  the  scrip,  or  more;  where  it 
contains  less,  the  excess  of  the  scrip  cannot  be  refunded  in  money,  but  may  be  donated  in  the 
reUnquishment  as  appUcable  to  any  other  tract.     There  is  very  Uttie  of  this  scrip  in  the  market. 

g,    CERTIFICATES  OF  DEPOSIT. 

As  set  forth  on  page  22,  settlers  may  have  their  lands  surveyed  in  advance  of  the  regular 
surveys  by  depositing  the  amount  necessary  therefor.  The  certificate  (tripUcate)  may  be 
assigned  by  the  settier  if  not  used  in  payment  of  his  own  land,  and  tlie  assignment  need  not  be 
sworn  to,  but  simply  indorsed  on  the  certificate.  These  triplicate  certificates  are  receivable  from 
any  person  in  payment  for  lands  taken  under  tiie  preemption  and  homestead  laws,  but  not  foi 
lands  taken  under  any  other  laws.  Where  the  amount  of  a  certificate  or  certificates  is  less  than 
the  value  of  the  lands  taken,  the  balance  must  be  paid  in  cash.  Assignments  may  be  made  to 
more  than  one  person.  Settlers  should  make  deposits  in  sums  not  to  exceed  two  hundred  dol- 
lars.    These  certificates  can  now  be  used  only  in  the  land  district  where  issued. 

h.  OTHER  KINDS  OK  SCRIP. 

The  other  kinds  of  scrip  heretofore  named  are  used  by  speculators  almost  exclusively  to 
locate  valuable  tracts  of  land  that,  as  a  rule,  have  been  overlooked  or  not  entered  previously 
though  some  error  0¥  misunderstanding.  Settlers  therefore  have  no  special  interest  in  them; 
though  they  should  b'ear  in  mind  that  unless  they  strictly  comply  with  the  law  in  the  matter  of 
filing  their  preliminary  declarations,  they  are  liable  to  have  their  improvements  taken  from 
them  by  speculators  by  the  use  of  these  several  kinds  of  scrip. 


-  \ 


12 


K 


THE  AMERICAN   SETTLER'S  GUIDE. 


Valentine.  Sioux,  and  Chippewa  Scrips  can  be  located  on  unsurvcyed  land  that  is  unoccu- 
pied, unimproved,  and  non-mincral  in  characi^.  Porterfield  warrants,  Soldiers'  AddiUonal 
Homestead  Certificates,  and  Private  Act  Scrips  in  general,  can  be  located  on  unoffered  land 
«ibject  to  Homestead  Entry.  Parties  who  wish  to  purchase  Military  Bounty  Land  Warrants. 
Supreme  Court.  Valentine,  or  other  Scrips,  or  Soldiers'  Additional  Homestead  Certificates 
will  address  Editor  of  this  Guide.     See  advertisement  at  end  of  book.  ' 

IV.  CitKBcnship. 
As  aliens  caiinot  acquire  valid  tides  to  real  estate  under  the  preemption,  homestead,  and  other 
laws,  the  pnvileges  of  which  are  restricted  to  citizens,  or  those  who  have  declared  their  inten- 
tion to  become  such,  it  is  important  that  foreigners  seeking  identification  with  the  American 
community  should  be  advised  of  the  legal  steps  necessary  to  acquire  citizenship.     Any  free 
white  ahen,  over  the  age  of  twenty-one  years,  may  at  any  time  after  arrival  declare  before  any 
court  of  record  having  common  law  jurisdicUon  (with  a  clerk  or  prothonotary  and  seal)  hi. 
intenuon  to  become  a  citizen,  and  to  renounce  forever  all  foreign  aUegiance.     The  declaration 
must  be  made  at  least  two  years  before  application  for  citizenship.     At  the  expiration  of  two 
y^ars  after  the  declaration,  and  at  any  time  after  five  years'  residence,  the  party  desiring  natur. 
-aiizabon.  if  M^  not  a  citizen,  denizen,  or  subject  of  any  country  at  war  with  the  United  States 
should  appear  in  a  court  of  record,  and  there  be  sworn  to  support  the  Constitution  of  the  United 
States  and  renounce  foreign  allegiance.     If  he  possessed  any* hereditary  title  or  order  of  nobility 
such  also  must  be  renounced,  and  satisfactory  proof  produced  to  the  court  by  the  testimony  of 
witnesses,  atizens  of  the  United  States,  of  the  five  years'  residence  in  the  country,  one  ye^  of 
which  mu^  be  withm  the  State  or  Territory  where  the  court  is  held,  and  that  during  the  five, 
year  penod  he  was  a  man  of  good  moral  character  and  attached  to  the  principles  of  the  Con- 
stitution ;  whereupon  he  will  be  admitted  to  citizenship,  and  thereby  his  children  under  twenty- 
one  years  of  age,  if  dwelling  in  the  United  States,  ^nll  also  be  regarded  as  citizens 

Where  the  alien  has  made  his  declaration  and  dies  before  being  actually  naturalized,  the 
widow  and  children  become  citizens  of  the  United  States,  and  entitled  to  aU  rights  and  privi- 
leges as  such,  upon  taking  the  prescribed  oaths. 

Any  free  white  aUen,  being  a  minor,  and  under  the  age  of  twenty-one  years  at  the  time  of 
amval,  who  has  resided  in  the  country  three  years  next  preceding  hU  majority  of  twenty-one 
years,  may,  after  reaching  such  period  and  on  five  yeare'  residence,  including  the  three  years 
of  his  mmonty,  be  admitted  to  citizenship  without  a  prehminary  declaration  of  intentions 
provided  he  //&.«  makes  the  same,  averring  also  on  oath  and  proving  to  the  court  that  for  the 
past  three  years  it  had  been  his  intention  to  become  a  citizen;  also  showing  the  fact  of  his  resi- 
dence and  good  character. 

ChUdren  of  citizens  of  the  United  States  bom  out  of  the  country  are  deemed  citizens,  the 
right  not  descending,  however,  to  persons  whose  fathers  never  resided  in  the  countr>';  and  any 
woman  who  might  legally  be  naturalized,  married,  or  who  shall  be  married  to  a  citizen  of  the 
Umted  States,  is  held  to  jkdsscss  citizenship. 

An  alien  twenty-  one  years  and  over,  who  enlists  in  the  regular  or  volunteer  army,  and  is 
.lonorably  discharged  therefrom,  may  be  admitted  to  citizenship  upon  his  simple  joetition  and 
vitis^actory  proof  of  one  year's  residence  prior  to  his  application,  accompanying  the  same  with 
;.roof  of  good  moral  character  and  honorable  discliarge. 

Proof  of  his  citizenship  may  be  procured  from  any  court  of  record  having  common  law  juris- 
aiction,  with  a  clerk  and  prothonotary  and  seal.  It  ^ill  be  perceived  that  service  alone  does 
not  secure  citizenship.  The  peUtion  and  proof  to  the  satisfaction  of  the  court  are  essential,  and 
citizenship  thus  obtained  is  necessary  before  homestead  entry  can  be  perfected. 

V.  Presentation  of  Appeals. 
J^liTT''  ""^J"^  Wlication  to  file  upon  or  enter  a  tract  of  pubUc.land.  having  complied 
ZZ.1,  tV"\T^"*^°"'  '""'^^^  •'^"   presentation  of  such  application,  and   feeling 
aggneved  by  the  refusal  or  the  Re.nster  and  Receiver  to  recgnize  his  claim,  or  by  any  ord^ 


THE  AMERICAN   SETTLER'S  GUIDE. 


13 


direction,  or  condition  affecting  the  same,  may  appeal  from  the  action  of  those  officers  to  the 
Commissioner  of  the  General  Land  Office,  #ho  is  by  law  invested  with  the  sftpervision  and 
control  of  all  matters  relating  to  the  disposal  of  the  public  land,  subject  to  the  direction  of  the 
Secretary  of  the  Interior.     The  decision  of  the  local  officers  is  final  if  not  appealed  from 

within  thirty  days. 

For  the  purpose  of  enabling  such  appeal  to  be  taken  and  perfected,  the  Register  and  Receivei 
will  indorse  upon  the  written  application  the  date  when  presented  and  their  reasons  for  refusing 
it,  promptly  advising  the  party  in  interest  of  the  facts,  and  note  upon  their  records  a  memoran 
dum  of  the  transaction.     The  party  aggrieved  will  then  be  allowed  thirty  days  from  the  receipt 
of  notice  of  such  action,  within  which  to  file  his  appeal  to  the  Commissioner. 

The  appeal  must  be  in  writing,  definitely  setting  forth  in  clear  and  concise  terms  the  specific 
points  of  exception  to  the  decision  appealed  from,  and  the  reason  or  reasons  upon  which  such 
exceptions  are  based. 

Of  the  sufficiency  of  such  appeal  the  General  Land  Office  will  be  the  judge,  and  will  dis- 
miss from  further  notice  any  case  wherein  the  appeal  is  based  upon  frivolous  grounds,  or  where 
the  proper  formaUties  and  grounds  are  wanting,  unless,  in  Uie  record  itself,  either  of  the  case 
'  or  upon  the  books  of  this  office,  some  sufficient  cause  shall  be  found  for  further  consideration 
under  the  general  power  of  supervision  vested  in  the  Commissioner  by  law. 

Upon  objection  to  the  finding  of  the  General  Land  Office  regarding  an  appeal,  the  matter  will 
be  reported  to  the  Honorable  Secretary  of  the  Interior  for  his  direction  therein. 

The  appeal  must  in  all  cases  be  filed  with  the  district  officers,  to  be  forwarded  by  them  vrith 
a  fiUl  report  of  the  case  to  the  General  Land  Office. 

This  report  should  recite  tiic  proceedings  had,  to  wit :  The  application  and  rejection,  with 
the  reasons  therefor,  and  also  the  status  of  the  tract  involved,  as  shown  by  the  records  of  the 
office,  together  with  a  reference  to  all  entries,  filings,  annotations,  memoranda,  and  correspon- 
dence shown  by  such  record  relating  thereto,  so  as  to  direct  the  attention  of  the  Commissioner 
to  all  the  material  facts  and  issues  necessary  to  a  proper  determination  of  the  questions  presented. 

No  appeal  from  the  decision  of  the  Register  and  Receiver  will  be  received  at  the  General 
Land  Office  unless  forwarded  through  the  local  officers  in  the  manner  herein  prescribed. 

The  report  should  be  forwarded  at  orce  upon  the  filing  of  the  appeal,  except  in  contested 
cases  after  regular  hearing,  when,  unless  sJl  paHies  request  its  earlier  transmission,  it  should 
not  be  made  until  the  expiration  of  the  tnirty  days  included  in  the  notice,  in  order  that  al» 
parties  may  have  full  opportunity  to  examine  the  record  and  prepare  their  argument  upon  the 
questions  at  issue.  All  documents  once  received  must  be  kept  on  file  with  the  cases,  and  no 
papers  will  be  allowed  under  any  circumstances  to  be  removed  from  such  files  or  taken  from 
the  custody  of  the  Register  and  Receiver ;  but  access  to  the  same  under  proper  rules,  so  as  not 
to  interfere  with  necessary  public  business,  should  be  permitted  to  the  parties  in  interest,  under 
the  superviaon  of  those  officers. 

Upon  any  question  relating  to  the  disposal  of  the  public  lands,  appeal  from  the  decisiun  of 
the  Commissioner  of  the  General  Land  Office  will  lie  to  the  Secretary  of  the  Interior  (Revised 
Statutes,  sees.  441,  2273),  except  in  cases  of  interlocutory  orders  and  decisions,  and  orders  for 
hearing,  or  other  matters  resting  in  the  sound  discretion  of  the  Commissioner.  Such  letter 
cases  constitute  matters  of  exception,  which  should  be  noted,  and  they  will  }>e  ccnadered  b^ 
the  Secretary  on  review. 

The  appeal  is  required  to  be  made  in  writing,  fairly  and  specifically  stating  the  points  of  ex 
ception  to  the  decision  appealed  from,  and  must  be  filed  either  with  the  Register  and  Receiver 
for  transmission,  or  with  the  Commissioner,  vidthin  sixty  days  from  receipt,  by  the  party  or  his 
attorney,  of  the  notice  of  the  decision. 

After  appeal  is  filed,  the  fact  of  its  receipt  and  pendency  will  be  promptly  communicated  to 
the  district  office  and  to  the  parties,  and  thirty  days  from  service  of  such  notice  will  be  allowed 
for  the  filing  of  ailment  on  the  points  involved  in  the  controversy.  At  the  expiration  of  the 
time  prescribed,  the  papers  and  record  will  be  forwarded  to  the  Secretary  of  the  Interior.  All 
arguments  must  be  filed  with  the  Commissioner  within  the  time  specified  in  the  notice,  in  ordei 


14 


THE  AMERICAN   SETTLER'S  GUIDE. 


that  they  may  be  referred  to  and  considered  in  transmitting  the  case  to  the  Secretary^  if  deemed 
expedient  by.the  Commissioner.  Examination  of  cases  on  appeal  to  the  Secretary  will  be 
facilitated  by  filing  in  printed  form  such  argument  as  it  is  desired  to  have  considered. 

Decisions  of  the  Commissioner  not  appealed  fjx>m,  within  the  period  prescribed,  become 
final,  and  the  case  will  be  regularly  closed.     (Revised  Statutes,  sec.  2273.) 

The  decision  of  the  Secretary  is  necessarily  final,  so  far  as  respects  the  action  of  the  Executive. 

VI.  How  Much  Land  One  Person  Can  Take. 

To  obtain  the  largest  amount  of  land  from  the  Government  at  the  least  cost,  a  party  should 
first  enter  160  acres  under  the  preemption  laws  (Chapter  IV),  which  will  cost  I1.25  or  ^2.50 
an  acre;  then  enter  160  acres  more  under  the  homestead  laws  (Chapter  III),  and  also  make 
entry  of  160  acres  under  the  timber  culture  laws  (Chapter  V),  where  the  land  is  naturally 
devoid  of  timber— 480  acres  will  thereby  be  secured  at  an  average  cost  of  about  50  cents  an 
acre. 

The  usual  way  is  to  make  an  entry  under  the  homestead  laws,  and  at  once  another  entry 
under  the  timber  culture  laws,  because  it  is  cheaper  to  do  so,  and  there  is  no  delay  to  prove  np 
under  the  preemption  laws— 320  acres  will  thereby  be  obtained  at  a  cost  of  ^36  for  fees  and 
commissions — ^which  is  equal  to  about  1 1  cents  an  acre. 

An  entry  can  thereafter  be  made  under  the  desert  land  laws  of  640  acres,  and  one  entry  is 
allowed  under  each  of  the  several  laws  mentioned  in  Chapter  VI.  Under  the  mining  laws  as 
many  entries  are  allowed  as  a  party  owns  legal  claims. 

After  an  entry  has  been  made  under  the  preemption,  homestead,  and  timber  culture  laws, 
the  same  person  may  buy  as  much  land  at  public  sale  and  private  entry— also  of  the  State 
government,  corporations,  and  individuals — as  his  means  and  inclination  permit 

VII.    Definitions. — What  Can  be  Done  by  an  Agent. 

A  Declaratory  Statement  is  a  written  notice  that  the  party  making  it  claims  certain  land. 
He  files  it  in  the  local  land  office,  and  it  reserves  the  land  for  a  certain  length  of  time,  according 
to  the  law  under  which  he  claims.  No  title  or  vested  right  is  secured  thereby,  as  it  is  simply  a 
notice  or  warning  to  the  world  of  his  claim.     See  Forms  on  pages  44,  62,  63,  66,  67,  105. 

An  Application  is  a  written  offer  to  pur^ase,  describing  the  land  and  signed  by  the  appli- 
cant. See  pages  9,  11,  25,  27,  44,  47,  82,  ^.  An  Entry,  on  the  other  hand,  is  Uiat  act 
whereby  a  tract  of  public  land  becomes  private  property,  when  a  qualified  party  pays  the 
government  officers  the  required  fee,  commission,  cash  or  equivalent,  and  the  certificate  and 
receipt  as  evidence  of  the  proceeding  are  issued  in  accordance  with  law. 

No  person  can  make  homestead,  pre-emption,  or  timber  culture  entry  by  an  agent ;  that  it  to 
say,  an  agent  cannot  sign  the  applicant's  name  nor  swear  to  the  necessary  papers.  A  claimant 
cannot  make  such  entry  except  when  within  the  limits  of  the  land  distiict  wherein  the  desired 
land  is  situated.  Entry  papers  after  being  properly  prepared  may  be  presented  at  the  local 
office  by  an  agent,  and  the  fees  and  commissions  may  be  paid  by  the  agent. 

A  Declaratory  Statement  may  be  filed  under  the  Soldiers'  and  Sailors'  Homestead  Law,  but 
not  under  the  other  homestead  laws.  Agency  is  recognized  in  making  and  filing  such  De- 
claratory Statement.     See  pages  44,  62,  63. 

A  pre-emption  Declaratory  Statement  cannot  be  signed  by  an  agent.     See  pages  66,  67. 

The  only  other  law  under  which  a  declaratory  statement  is  allowed  is  the  Coal  Land  law. 
See  page  105.  Under  the  Desert  Land  Law,  is  a  declaration  of  proposed  reclamation.  See 
page  108.    An  agent  cannot  make  either  of  these  (except  in  case  of  a  corporation.) 

From  the  above  it  will  be  seen  that  an  agent  or  attorney  can  do  but  littie  more  than  assist  a 
settler.  A  party  must  go  to  the  land  he  desires,  and  settle  upon  and  cultivate  it  personally 
under  the  pre-emption  and  homestead  laws.  Under  the  timber  culture  law  the  claimant 
after  making  the  entry  may  leave  the  entered  land  in  charge  of  an  agent  to  cultivate  and  Mft 
out  the  trees.  But  the  claimant  is  held  responsible  for  the  proper  care  of  the  trees,  and  his 
entry  will  be  liable  to  contest  if  the  law  is  not  complied  with. 


CHAPTER    II. 

UNITED  STATES  SYSTEM  OF  SURVEYS. 
How  to  Find  a  Tract  of  Land. 

TTie  beginning  or  initial  point  for  the  surveys  within  a  given  surveying  district  having  been 
determined  upon,  a  principal  base  line  (see  diagram,  line  A  B,)  is  surveyed  on  a  true  par- 
allel of  latitude  east  and  west  therefrom.  The  principal  meridian  (see  diagram,  line  C  D,) 
is  extended  due  north  and  south  of  the  same  point.  The  law  requires  that  the  meridional 
lines  shall  be  run  on  the  true  meridian;  therefore,  in  order  to  counteract  the  error  that 
would  otherwise  result  from  the  convei^ncy  of  meridians  as  they  run  to  the  north  pole,  and 
also  to  check  errors  arising  fix>m  inaccuracies  in  measurements  on  meridian  lines,  standard 
parallels  or  correction  lines  (see  diagram,  lines  E  F  and  G  H,)  are  run  and  marked 
at  every  four  townships,  or  twenty-four  miles,  north  of  the  base,  and  at  every  five  townships, 
or  thirty  miles,  south  of  the  same.  Guide  meridians  (see  diagram,  line  I  K,)  are  next 
surveyed  at  intervals  of  eight  ranges,  or  forty-eight  miles,  east  and  west  of  the  principal 
mendian,  starting  north  of  the  base,  in  the  first  instance,  from  that  line,  and  closing  on  the  first 
standard  north;  then  starting  firom  the  first  standard,  and  closing  on  the  second  standard 
north,  and  so  on.  South  of  the  base  line  the  guide  meridians  start  from  the  first  standard 
south  and  close  on  the  base  line ;  then  starting  from  the  second  standard  and  closing  on  the 
first  standaid,  and,  again,  starting  from  the  third  standard  and  closing  on  the  second,  and  so 
on.  The  closing  comers  on  the  base  line  and  standard  parallels  are  established  at  the  inter- 
section of  the  meridional  lines  therewith,  thus,  owing  to  the  conveigency  of  meridians, 
occasioning  a  double  set  of  comers  on  those  lines,  which  are  designated  as  <<  standard 
comers"  and  "closing  comeis."  In  nigged  mountain  regions  it  has  been  found  necessary  to 
depart  somewhat  from  the  regular  ^^rstem  of  extending  the  standard  lines,  owing  to  the  imprac- 
ticability of  surveying  them  in  place.  Under  these  circumstances,  the  principal  lines  are  run 
and  marked  in  localities  admitting  of  the  extension,  by  means  of  offsets  on  township  lines, 
marking  them  as  such  in  the  field. 

The  parallelograms  formed  by  the  base  line,  principal  meridian,  standard  parallels,  and 
guide  meridians,  twenty-four  by  forty-eight  miles  in  extent,  north  of  the  base  line,  and  thirty 
by  forty-eight  miles  south  of  the  base,  constitute  the  frame-work  of  the  rectangular  system  of 
surveys. 

These  parallelograms  are  each  subdivided  into  townships  six  miles  square,  containing,  as 
near  as  may  be,  23,040  acres,  and  again  each  township  is  subdivided  into  thirty-six  sections 
one  mile  square,  containing,  as  near  as  practicable,  640  acres  each.  The  sections  of  one  mile 
square  are  the  smallest  tracts  the  out-boundaries  of  which  the  law  requires  to  be  actually  sur- 
veyed. Their  minor  subdivisions  are  defined  by  law,  and  the  surveyors-general,  in  protracting 
township  plats  from  the  field-notes  of  sections,  designate  them  in  red  ink,  the  lines  being 
imaginary,  connecting  opposite  quarter-section  comers,  thereby  dividing  the  section  into  four 
quarter-sections  of  160  acres,  and  these,  in  their  tum,  into  quarter-quarter  sections  of  40  acres 
each,  by  imaginary  lines  starting  from  points  equidistant  between  the  section  and  quarter- 
section  comers,  and  mnning  to  opposite  corresponding  points.  These  imaginary  lines  may  at 
any  time  be  actually  surveyed  by  the  county  surveyor  at  the  expense  of  the  settier. 

The  sections  in  each  township  are  numbered,  beginning  in  the  north-east  comer,  from  i  to 
36  inclusive,  as  shovTi  in  the  township  plat  on  the  next  page.  Sections  16  and  36  are  called 
school  sections,  and  if  agricultural  belong  to  the  State  or  are  reserved  in  a  Territory,  for  school 

\  (IS) 


I 


m 


THE  AMERICAN   SETTLER'S  GUIDE. 


purposes.  They  can  only  be  bought  at  the  State  Land  Office,  unless  they  contain  minerals  or 
were  settled  upon  prior  to  survey,  when  they  are  sold  at  the  United  States  Land  Office.  The 
sections  on  the  northern  and  western  boundaries  of  a  township  are  fractional,' i.  v.,  they  do 
not  contain  exactly  640  acres.     The  small  fragments  are  called  Lots,  and  are  numbered  from 

I  upwards  in  each  section.  Fre- 
quently sections  in  the  interior  are 
fractional  on  account  of  lakes,  res- 
ervations, and  other  causes. 

HOW  TOWNSHIPS  ARE  NUMBERED. 

A    tier    of    townships    running 


A  TOWNSHIP. 

North. 


I 


18 


8 


17 


»9 


30 


31 


16 


10 


20 


29 


3a 


21 


28 


33 


15 


22 


27 


34 


II 


'c 


12 


14 


23 


26 


35 


>3 


24 


25 


36 


north  and  south  is  called  a  range, 
and  each  range  is  numbered  as  it 
is  east  or  west  of  the  Principal 
Meridian.  Each  township  is  also 
^  numbered  as  it  is  north  or  south  of 
the  Base  Line. 

A  glance  at  the  diagram  on  the 
following  page  will  illustrate  the 
method  of  distinguishing  town- 
ships. 5  N  means  a  fifth  township 
north  of  the  base  line.  2  S  means 
a  second  township  south  of  the 
base  Une.     5  E  means  a  township 

in   range   5  east  of  the  Principal 

^"'^-  Meridian.     2  W  means  a  township 

in  range  2  west  of  the  Principal  Meridian.     Hence  the  township  in  the  extreme  northeast 
comer  of  the  Diagram  is  Township  5  North  of  Range  8  East.     The  Principal  Meridian  is 
m-  Bamed,  if  otherwise  there  is  a  possibility  of  mistake.     The  40-acre  tract  in  the  extreme  south- 

west comer  of  school  section  16  in  the  same  township  would  be  described  thus:  The  south- 
west quarter  of  the  south-west  quarter  of  section  16,  in  Township  5  north,  of  Range  8  East 
(Mount  Diablo  Meridian,  California).  In  figures,  it  would  be  written  S.  W.  j|^,  S.W.  J4,  Sec. 
16,  T.  5  N.,  R.  8  E.,  M.  D.  M.  WTiere  would  you  find  the  following  tract  ?  N.  E.  X»  S.  E. 
}4,  Sec.  I,  T.  2  S,  R.  6  E. — Ans,  It  is  marked  on  the  Diagram  with  an  X,  and  on  the  Town- 
ship plat  with  a  square. 

HOW  TO  TELL  CORNERS. 

The  following  extracts  from  the  Manual  of  Surveying  Instructions  illustrate  the  manner  of 
establishing  the  comers  of  the  public  surveys : 

MANNER  OF  ESTABLISHING  CORNERS   BY  MEANS  OF  POSTS. 

Township,  sectional  or  mile  comers,  and  quarter  sectional  or  half  mile  comers,  will  be  per- 
petuated by  planting  a  post  at  the  place  of  the  comer,  to  be  formed  of  the  most  durable  wood 
of  the  forest  at  hand. 

The  posts  must  be  set  in  the  earth  by  digging  a  hole  to  admit  them  hvo  feet  deep,  and  must 
be  very  securely  rammed  in  with  earth,  and  also  with  stone,  if  any  be  found  at  hand.  The 
portion  of  the  post  which  extends  above  the  earth  must  be  squared  off  sufficiently  smooth  to 
admit  of  receiving  the  marks  thereon,  to  be  made  with  appropriate  marking  irons,  indicating 
what  it  stands  for.  Thus  the  sides  of  township  comer  posts  should  square  at  least  four  inches, 
(the  post  itself  being  five  inches  in  diameter,)  and  must  protrude  two  feet  at  least,  above  the 
ground ;  the  sides  of  section  comer  posts  must  square  at  least  three  inches,  (the  post  itself 
bemg  four  inches  in  diameter,)  and  protrude  two  feet  from  the  ground ;  and  the  quarter  sec- 
tion comer  posts  and  meander  comer  posts  must  be  thre^  inches  vnde,  jpnatnting  Jlattened  sur- 
fifices,  and  protruding  two  feet  from  the  groimd. 


THE  AMERICAN  SETTLER'S  GUIDE. 


17 


DIAGRAM 

Illustrating  the  frame-work  of  Public  Surveys  in 

the  United  States. 


0 


,  r 

.". 

"B  ~ 

JJV. 

^B, 

JS  ^ 

4jv: 

•    . 

\m 

8T. 

IW 

IB. 

• 

Jl  — 

mA 

IS. 
IB, 

i 

♦ 

SLS. 

a 

dK 

il  - 

aw 

MJT 

K 

$. 


h 


A  S — Principal  Base. 

C  2) — Principal  Meridian. 

E IJ'— First  Standard  Parallel  North  (or  Correction  Line). 

G  fl"— First  Standard  Parallel  South. 

I K. — First  Guide  Meridian  l-^ast. 


IS 


THE  AMERICAN  SETfLER'S  GUIDE. 


r 


JB 


% 


4> 


"Where  a  township  post  is  a  comer  common  to  fmr  townships,  it  is  to  be  set  in  the  earth 
liiagonally,  thus :  - 

On  each  surface  of  the  post  is  to  be 
marked  the  number  of  the  paiticular 
township  and  its  range,  which  it  faces. 
Thus,  if  the  post  be  a  common  boundary 
to  four  townships,  say  one  and  two^  soutli 
of  the  base  hne,  of  range  oney  west  of  the 
meridian;  also,  to  townships  one  and  hoo^ 
south  of  the  base  line,  of  range  two,  west 
of  the  meridian,  it  is  to  be  marked  thus : 

FromN.toE.-lT.    iS     VFiomE.toS. 
Is.  31       J 
I  a  W  I 

FromN.towJ        iS.' VFromW.toS. 
(.      36       j 
These  marks  are  not  only  to  be  dis- 
tinctly but  neatly  cut  into  the  wood,  at 
least  the  eighth  of  an  inch  deep ;  and  to 
make  them  yet  more  conspicuous  to  the 
O  eye  of  the  anxious  explorer,  the  deputy 

must  apply  to  all  of  them  a  streak  of  red  chalk. 

Section  or  mile-posts,  being  comers  of  sections,  and  where  such  are  common  to  four  sec- 
tions, are  to  be  set  diagonally  in  the  earth  (in  the  manner  provided  for  township  comer  posts), 
and  on  each  side  of  the  squared  surfaces  (mad6  smooth,  as  aforesaid,  to  receive  the  marks) 
js  to  be  marked  the  appropriate  number  of  the  particular  one  of  the  four  sections,  respect- 
vely,  which  such  ^dz  faces ;  also,  on  one  side  thereof  are  to  be  marked  the  numbers  of  iti 
towfiship  and  range;  and  to  make  such 
marks  yet  more  conspicuous  in  manner 
aforesaid,  a  streak  of  red  chalk  is  to  be 
applied. 

Opposite  is  represented  a  comer 
mound  common  to  two  townships  or 
two  sections  only. 

In  every  township,  subdivided  into 
thirty-six  sections,  there  are  twenty-five 
mterior  section  comers,  each  of  which 
will  be  common  to  four  sections. 

A  quarter  section,  or  half-mile  post, 
is  to  have  no  other  mark  on  it  than  ^- 
S.,  to  indicate  what  it  stands  for. 

NOTCHING  CORNER  POSTS. 


Pit. 


« 


"^ 


t 


PU. 


Township  comer  posts,  common  to 
four  townships,  are  to  be  notched  with 
six  notches  on  each  of  the  four  angles  of  the  squared  part  set  to  the  cardinal  points. 

All  mile  posts  on  toumship  lines  must  have  as  many  notches  on  them,  on  two  opposite  angles 
thereof,  as  they  are  miles  distant  from  the  township  comers,  respectively.  Each  of  the  posts 
at  the  comers  of  sections  in  the  interior  of  a  township  must  indicate,  by.  a  number  of  notches 
on  each  of  its  four  comers  directed  to  the  cardinal  points,  the  corresponding  number  of  miles 
that  it  stands  from  the  outlines  of  the  township(*).  The  four  sides  of  the  post  will  indicate 
the  number  of  the  section  they  respectively  face.     Should  a  tree  be  found  at  the  place  of  an? 


(•)  Only  on  two  edee«  in  surven  made  since  1864.    See  page  25. 


\ 


THE  AMERICAN  SETTLER'S  GUIDE. 


19 


comer,  it  will  be  marked  and  notched  as  aforesaid,  and  answer  for  the  comer  in  lieu  of  a  post, 
the  kind  of  tree  and  its  diameter  being  given  in  the  field-notes. 

BEARING  TREES. 

The  position  of  all  comer  posts,  or  comer  trees,  of  whatever  description  that  may  be  estab- 
lished, is  to  be  evidenced  in  the  following  manner,  viz :  From  such  post  or  tree  the  coursr 
must  be  taken  and  the  distances  measured  to  two  or  more  adjacent  trees  in 
opposite  directions,  as  nearly  as  may  be,  and  these  are  called  "  bearing  trees." 
Such  are  to  be  distinguished  by  a  large  smooth  blaze,  with  a  notch  at  its  lower 

end,  facing  the  comer,  and  in  the  blaze  is  to 

be  marked  the  number  of  the  range,  township, 

and  section;  but  at  quarter-section  comers 

nothing  but  ^  S.  need  be  marked.     The  let- 
ters B.  T.  (bearing  tree)  are  also  to  be  marked 

upon  a  smaller  blaze  directly  under  the  large 

one,  and  as  near  the  ground  as  practicable. 
At  all  township  comers,  and  at  all  section 

comers,  on  range  or  township  lines,  four 

bearing  trees  are  to  be  marked  in  this  ms^mer, 

one  in  each  of  the  adjoining  sections. 

At  interior  section  comers  four  trees,  one 

to  stand  within  each  of  the  four  sections  to 

which  such   comer  is   common,  are  to  be 

marked  in  manner  aforesaid,  if  such  be  found. 
A  tree  supplying  the  place  of  a  comer  post 

is  to  be  marked  in  the  manner  directed  for 

posts,  but  if  such  tree  should  be  a  be*h,  or 

other  smooth  bark  tree,  the  marks  may  be 

made  on  the  bark,  and  the  tree  notched. 
From  quarter  section  and  meander  comers 
two  bearing  trees  are  to  be  marked,  one  within  each  of  the  adjoining  sections. 


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CORNER  STONES. 

Where  it  is  deemed  best  to  use  stottes  for  boundaries,  in  lieu  of  posts,  surveyors  may,  at  any 

comer,  insert  endwise  into  the  ground, 
to  the  depth  of  7  or  8  inches,  a  stone, 
the  number  of  cubic  inches  in  which 
shall  not  be  less  than  the  number  con- 
tained in  a  stone  14  inches  long,  12 
inches  wide,  ayi  3  inches  thick — equal 
to  504  cubic  inches — the  edges  of  which 
must  be  set  north  and  south,  on  north 
and  south  lines,  and  east  and  west,  on 
east  and  west  hnes ;  the  dimen^ons  of 
each  stone  to  be  given  in  the  field-notes 
TOWNSHIP  CORNER  STOKK.  sBCTioif  CORNER  STONE,  at  thc  timc  of  establishing  the  comer. 

The  kind  of  stone  should  also  be  stated. 

MARKING  CORNER   STONES, 

Stones  at  township  comers,  common  to  four  townships,  must  have  six  notches,  cut  with  a 
pick  or  chisel  on  each  edge  or  side  toward  the  cardinal  points ;  and  where  used  as  section 
comers  on  the  range  and  township  lines,  or  as  section  comers  in  the  interior  of  a  township, 
Ihey  will  also  be  notched,  to  correspond  with  the  directions  given  for  notching  posts  similarly 
situated 


1 


20 


THE  AMERICAN  SETTLER'S  GUIDE. 


i 

Posts  01  stones  at  township  comers  on  the  base  and  standard  lines,  and  which  are  common 

to  t^vo  townships  on  the  north  side  thereof.  wUl  have  six  notches  on  each  of  the  tvesf,  north, 

and  east  sides  or  edges;  and  where  such 
stones  or  posts  are  set  for  comers  to  two 
townships  south  of  the  base  or  standard, 
six  notches  will  be  cut  on  each  of  the  west, 
s<mth^  and  east  sides  or  edges. 

Stones  when  used   for  quarter  section 
comers,  will  have  %  cut  on  them— on  the 
west  side  on  north  and  south  lines,  and  on 
QUARTBK  sHcrioN  coRKKR  STOHH.       sECTioK  CORKER,     the  north  sidc  On  cast  and  west  lines. 

MOUNDS. 

Whenever  bearing  trees  are  not  found,  mounds  of  earth,"  or  stone,  are  to  be  raised  around 
posts  on  which  the  comers  are  to  be  marked  in  the  manner  aforesaid.  Wherever  a  mound  of 
earth  is  adopted,  the  same  will  present  a  conical  shape. 

Prior  to  piling  up  the  earth  to  construct  a  mound,  there  is  to  be  dug  a  spadeful  or  two  of 
earth  from  the  comer  boundary  point,  and  in  the  cavity  so  foraied  is  to  be  deposited  a  marked 
stone  or  a  portion  of  charcoal  (the  quantity  whereof  is  to  be  noted  in  the  field-book) ;  or  in  Ueu 
of  charcoal  or  marked  stone,  a  charred  stake  is  to  be  driven  twelve  inches  down  into  such 
centre-pomt ;  ather  of  these  will  be  a  witness  for  the  future,  and  whichever  is  adopted,  the  fact 
is  to  be  noted  m  the  field-book.  ^ 

When  mounds  are  formed  of  earth,  the  spot  from  which  the  earth  is  taken  is  caUed  the 

ptt,    the  centre  of  which  ought  to  be,  wherever  practicable,  at  a  uniform  distance  and  in  a 

umfomi  direction  from  the  centre  of  the  mound.     There  is  to  be  a  «  pit "  on  each  side  of  every 

At  ineander  comer. (•)  the  "  pit"  is  to  be  direcUy  on  the  line,  eight  links  further  from  the 
wa  er  tiian  the  mound.  Wherever  necessity  is  found  for  deviating  from  these  mles  in  respect 
to  the     pits,    the  course  and  distance  to  each  is  to  be  stated  in  the  field-books. 

Perpetiiity  m  the  mound  is  a  great  desideratum.  In  forming  it  with  light  alluvial  soil  tke 
surveyor  may  find  it  necessary  to  make  due  allowance  for  the  future  setUing  of  Uie  earth.'and 
thus  making  the  mound  more  elevated  than  would  be  necessary  in  a  more  compact  and  tena- 
Clous  soil,  and  increasing  the  base  of  it.  In  so  doing,  the  relative  proportions  between  the 
township  mound  and  other  mounds  are  to  be  preserved  as  nearly  as  may  be 

The  earth  is  to  be  pressed  down  with  the  shovel  during  the  process  of  piling  it  up 
Mounds  are  to  be  covered  with  sod.  grass  side  up,  where  sod  is  to  be  had ;  but,  in  forming  a 
mound,  sodxs  never  to  be  wrought  up  with  the  earth,  because  sod  decays,  and  in  the  process 

dei^'^br''''^  ''  ^  '^"^  "^^  "'""'''^  '"^  ^''^'  P°'°"''  ^""^  '^"'"^^'^  ^^^*^  *°  premature 

« 

^  POSTS   IN  MOUNDS. 

Must  show  above  the  top  of  the  mound  ten  or  twelve  inches,  and  be  noticed  and  marked 
precisely  as  they  would  be  for  tiie  same  comer  without  the  mound. 

WITNESS   MOUNDS  TO  TOWNSHIP  OR  SECTION  CORNERS. 

If  a  township  or  section  comer,  in  a  situation  where  bearing  or  witness  trees  are  not  found 
wtthm  a  reasonable  distance  therefrom,  shall  fall  within  a  ravine,  or  in  any  other  situation  where 
the  natiire  of  the  ground,  or  the  circumstances  of  its  locality,  shall  be  such  as  may  prevent  or 
prove  mifavorable  to  the  erection  of  a  mound,  you  will  perpetuate  such  comer  by  selecting,  in 
the  mimediate  vicinity  thereof,  a  suitable  plot  of  ground  as  a  site  for  a  bearing  or  witness  mLd 
and  erect  tiiereon  a  mound  of  earth  in  the  same  manner  and  conditioned  in  every  respect,  with 
charcoal  stone,  or  charred  stake,  deposited  beneath,  as  before  directed ;  and  measure  and  state 
in  your  field-book  the  distance  and  course  from  the  position  of  the  true  comer  of  the  bearing 
or  witness  mound  so  placed  and  erected. 


(•)For  meandering  navigable  atreams,  see  page  an. 


THF  AMERICAN  SETTLER'S  GUIDE. 


21 


^  :0OUBLE  «.X)RN£3LS. 

Jjjable  co»-n;r5  are  to  be  cowLej^  «tT:«'.ept  en  thft  base  ind  stsjadard  lines,  whereon  are  to 
appear  liotii  the  comers  wnich  mark  the  inte;sections  of  the  Unes  which  close  thereon,  and 
t?H.i8C  6rom  which  the  siirvriys  start  on  the  north.  On  thr  3c  lines,  and  at  the  time  of  miming 
tiie  same,  the  township,  section  and  quarter-section  comers  are  to  be  planted,  and  each  of 
these  is  a  comer  common  to  two  (whether  township  or  scciiiju  comers),  on  the  north  side  ol 
the  line,  and  must  be  so  marked. 

The  com«*rs  which  are  established  on  the  standard  parallel,  at  the  time  of  mnning  it,  are  to 
L«  known  as  ^'^ standard  corners^^  and,  in  addition  to  all  the  ordinary  marks  (as  herein  pre- 
scribed), they  will  be  marked  with  the  letters  S.  C.  Closing  comers  will  be  marked  with  the 
letters  C.  C,  in  addition  to  other  marks. 

Von  will  recollect  that  the  comers  (whether  township  or  section  comers)  which  are  common 
t'.>  two  (two  townships  or  two  sections),  are  not  to  be  planted  diagonally  like  those  which  are 
common  io  four,  but  with  the  flat  sides  facing  the  cardinal  points,  and  on  which  the  marks  and 
notches  are  made  as  usual.  This,  it  will  be  perceived,  will  serve  yet  more  fully  to  distinguish 
the  standard  parallels  from  all  other  lines. 

Instructions  for  Surveys  Made  Since  June  i,  1864. 

By  instmctions  to  surveyors  general,  dated  June  I,  1864,  the  Surveying  Manual  was  modified 
in  the  following  particulars :  »  . 

POSTS   IN   MOUNDS. 

All  j)osts  in  mounds  will  hereafter  be  planted  or  driven  into  the  ground  to  the  depth  of 
twelve  inches,  at  the  precise  comer  point;  and  the  charcoal,  charred  stake,  or  marked  stone 
required  in  the  Manual  will  be  deposited  twelve  inches  b^low  the  surface,  against  the  north 
side  of  the  post  when  the  deputy  is  mnning  north,  and  against  the  west  side  when  the  deputy  is 
running  west,  etc. 

Township  mounds  will  be  five  feet  in  diameter  at  their  base,  and  two  and  a  half  feet  in 
perpendicular  height.  Posts  in  township  mounds  are  therefore  required  to  be  four  and  a  half 
feet  in  length,  so  as  to  allow  twelve  inches  to  project  above  the  mound. 

Mounds  at  section,  quarter-section,  and  meander  corners  will  be  four  and  a  half  feet  in 
diameter  at  their  base,  and  two  feet  in  perpendicular  height,  the  posts  being  four  feet  in  length, 
leaving  twelve  inches  to  project  above  the  mound. 

Pits  should  be  of  uniform  dimensions.  The  pits  for  a  township  mound  will  be  eighteen 
inches  wide,  two  feet  in  length,  and  at  least  twelve  inches  deep,  located  six  feet  from  the 
posts.  At  section  comers  the  pits  will  be  eighteen  inches  square,  and  not  less  than  twelve 
inches  in  depth. 

At  township  comers  common  io/our  townships,  the  pits  will  be  dug  on  the  lines  and  length- 
wise to  them.  On  base  and  standard  lines,  where  the  comers  are  common  to  only  two  town- 
ships or  sections,  tluree  pits  only  will  be  dug— two  in  line  on  either  side  of  the  post,  and  one 
on  the  line  north  or  south  of  the  comer,  as  the  case  may  be.  By  this  means  the  standard  and 
closing  comers  will  be  readily  distinguished  from  each  other. 

NOTCHING  SECTION  CORNER  POSTS. 

Poste  or  stones  at  the  comers  of  sections  in  the  interior  of  townships  will  have  as  many 
notches  on  the  south  and  east  edges  as  they  are  miles  from  the  south  and  east  boundaries  of  the 
township,  instead  of  being  notched  on  all  four  edges,  as  directed  in  the  Manual. 

MARKING  CORNERS  IN  REGIONS  REMOTE  FROM  TIMBER,  AND  DESTITUTE  OF  STONE. 
By  circular  of  July  24,  1873,  surveys  of  such  lands  are  marked  thus:  In  addition  to  the 
manner  of  esUblishing  comers  of  public  surveys  by  mounds  of  earth  with  deposits  at  the 
point  of  the  comer,  deputy  surveyors  are  required  to  drive  in  the  center  of  one  of  the  pits  at 
each  section  and  township  comer,  sawed  or  hewed  stakes  not  less  than  two  inches  square  and 
two  feet  in  length,  said  stakes  to  be  marked  in  the  manner  heretofore  prescribed  for  marking 


I 


'H 


22 


THE  AMERICAl^   vSETTLER'S  GUIDE. 


comer-posts,  and  to  be  driven  one  foot  in  the  groimd.  At  coincis  rornAon  to  lour  cown- 
.  ships,  the  stakes  are  to  be  driven  in  the  pits  east  of  the  mound,  and  at  coraeis  coismon  to 
fowc  sections  the  stakes  are  to  be  driven  in  the  pit  southeast  of  the  mound,  and  at  corocw 
common  to  two  townships  or  sections  they  are  to  be  driven  in  the  pit  east  of  the  comer.  This 
requirement  does  not  apply  to  quarter-section  comers. 

BEARING  TREES. 

Wliere  a  tree  not  less  than  two  and  a  half  inches  in  diameter  can  be  found  for  a  bcarin^j  (/er 
within  three  hundred  links  of  the  comer,  it  should  be  preferred  to  the  pit. 

MEANDERING   NAVIGABLE  STREAMS. 

Standing  with  the  face  looking  Jown  stream,  the  bank  on  the  /^^  hand  is  termed  U.f,  "  iett 
bank,"  and  that  on  the  rt^Af  hand  the  «  fight  bank."  These  terms  are  used  to  dii^tin^ish  the 
two  banks  of  a  river  or  stream. 

Both  banks  of  navigable  rivers  are  meandered  by  taking  the  courses  and  distances  of  their 
wmdmgs.  At  those  points  where  either  the  township  or  section  Unes  intersect  the  banks  of  a 
navigable  stream,  posts,  or,  where  necessary,  mounds  of  earth  or  stone,  are  established,  caUcd 
**  meander  comers." 

Rivers  are  deemed  navigable  waters  when  they  can  be  used  as  highways  of  commerce 
between  the  states.  The  right  of  a  grantee  of  land  bordering  on  a  navigable  river  stops  with 
the  bank  of  the  stream,  though  he  may  construct  landings  and  wharves.  New  States  have 
the  same  rights,  sovereignty,  and  jurisdiction  over  navigable  streams  as  the  original  States. 
The  State  has  sovereignty  over  ground  that  was  part  of  the  bed  of  a  meandered  navigable 
stream  at  the  time  of  her  admission,  and  the  pubhc  land  laws  do  not  apply  to  it  wbse 
quently  (*) . 

GENERAL  REMARKS. 
The  previous  instructions  are  not  always  compUed  with  by  rascally  surveyors,  and  in  some 
localities  no  remnants  of  surveys  are  to  be  found.  In  the  old  settled  States,  this  is  to  be 
expected,  but  in  the  Territories  and  States  where  the  surveys  have  lately  been  made,  there  U 
not  often  a  satisfactory  reason  for  the  obliteration  of  comers.  Petitions  for  resurvey,  where 
there  are  no  comers  over  wide  areas,  endorsed  by  the  county  surveyors,  should  be  sent*  to  the 
General  Land  Office,  or  to  the  delegation  in  Congress.  Settlers  should  see  that  the  surveys  in 
progress  are  correctly  made  as  indicated  herein,  and  complaints  of  irregularities  should  be  sent 
to  the  Surveyor-General,  or  the  Commissioner  of  the  General  Land  Office. 

Surveys  May  be  Made  at  the  Expense  of  Settlers  in  Certain  Cases. 

AppUcations  for  surveys  must  be  made  to  the  Surveyor-General  in  writing,  upon  the  receipt 
of  which  he  will  fumish  the  applicant  with  an  estimate  of  how  much  the  desired  survey  >*ill  cost. 
On  leceiving  a  certificate  of  deposit  of  a  United  States  depositary,  showing  that  the  required 
sum  has  been  deposited  with  him  in  a  proper  manner  to  pay  for  the  work,  the  Surveyor- General 
will  contract  with  a  competent  United  States  deputy  surveyor,  and  have  the  survey  made  and 
retumed  in  the  same  manner  as  other  pubUc  surveys  are. 

The  payment  of  the  amount  required  for  the  survey  will  not  give  the  depositor  any  priority 
of  claim  or  right  to  purchase  the  land,  or  in  any  manner  affect  the  claim  or  claims  of  any  party 
or  parties  thereto;  and,  when  surveyed,  it  will  be  subject  to  the  same  general  laws  and  regula 
tions  in  relation  to  the  disposition  thereof  as  other  public  lands  are. 

The  township  to  be  surveyed  must  be  within  the  range  of  the  regular  progress  of  the  public 
suiveys  embraced  by  existing  standard  lines. 

Where  parties  do  not  use  the  certificates  of  deposits  in  payment  of  their  own  land,  they  may 
assign  them  to  others  who  may  use  tiiem  in  payment  of  land  under  the  pre-emption  or  home- 
stead laws.  Such  assignments  need  not  be  acknowledged  before  any  officer,  but  are  to  be 
made  in  the  same  way  as  on  promissory  notes  and  other  negotiable  paper. 

(•)  N.  B.  Bradley,  Copp's  Public  Land  Laws,  p.  763. 


THE  AMERICAN   SETTLER'S  GUIDE. 


23 


Settlers  making  deposits  are  reqmred  to  transmit  the  original  certificate  of  deposit  to  the 
Secretary  of  the  Treasury  in  Washington,  D.  C,  and  the  duplicate  must  be  sent  to  the  United 
States  Surveyor-General.  The  third  copy  or  triplicate  certificate  is  alone)  used  in  payment  of 
lands  (see  page  ii,^.,  certificates  of  deposit). 

Where  the  amount  of  the  deposit  is  greater  than  the  cost  of  the  survey,  the  excess  is  repaid  on 
an  account  to  be  stated  by  the  Surveyor-General.  No  provision  of  law  exists  for  refunding  to 
other  parties  than  the  depositors.  ,  . 

HOW  TO  SUBDIVIDE  SECTIONS. 

The  course  to  be  pursued  in  the  subdivision  of  sections  is  to  mn  straight  lines  from  the  estab 
lished  quarter-section  comers — United  States  surveys — to  the  opposite  corresponding  comers, 
and  the  point  of  intersection  of  lines  so  run  will  be  the  comer  common  to  the  several  quarter- 
sections,  or,  in  other  words,  the  legal  centre  of  the  section. 

In  the  subdivision  of  fractional  sections  where  no  opposite  corresponding  comers  have  been 
or  can  be  fixed,  the  subdivision  lines  should  be  ascertained  by  mnning  from  the  established 
comers  due  north,  south,  east,  or  west  lines,  as  the  case  may  be,  to  the  water-course,  Indian 
boundary  Ime,  or  other  external  boundary  of  such  fractional  section. 

The  law  presupposes  the  section  lines  surveyed  and  marked  in  the  field  by  the  United  States 
deputy  surveyors  to  be  due  north  and  south,  or  east  and  west  lines,  but  in  actual  experience  this 
is  not  always  the  case ;  hence,  in  order  to  carry  out  the  spirit  of  the  law,  it  will  be  necessaiy,  in 
mnning  subdivisional  lines  through  fractional  sections,  to  adopt  mean  courses  where  the  section 
lines  are  not  due  Unes,  or  to  mn  the  subdivision  line  parallel  to  the  section  line  where  Uiere  is 
no  opposite  section  line. 

Upon  the  Unes  closing  on  the  north  and  west  boundaries  of  a  township,  the  quarter-section 
comers  are  established  by  the  United  States  deputy-surveyors  at  precisely  forty  chains  to  the 
north  or  west  of  the  last  interior  section  corner,  and  the  excess  or  deficiency  in  the  measure- 
ment is  thrown  on  the  outer  tier  of  lots,  as  per  Act  of  Congress  approved  May  10,  1800. 

In  tiie  subdivision  of  quarter-sections,  the  quarter-quarter  comers  are  to  be  placed  at  point  \ 
equidistant  between  the  section  and  quarter-section  comers  and  between  the  quarter  corners  and 
the  common  centre  of  the  section,  except  on  the  last  half-mile  of  the  lines  closing  on  the  north 
or  west  boundaries  of  a  township,  where  they  should  be  placed  at  twenty  chains  (original 
measurement)  to  the  north  or  west  of  the  quarter-section  comer. 

The  subdivision  Unes  of  fractional  quarter-sections  should  be  mn  from  points  on  the  section 
Unes,  intermediate  betw^n  the  section  and  quarter-section  corners,  due  north,  south,  east,  or 
west  to  the  lake,  water-course,  or  reservation,  which  renders  such  tracts  fractional. 

When  there  are  double  sets  of  section  comers  on  township  and  range  lines,  the  quarter  comers 
for  the  sections  south  and  east  of  the  lines  are  not  estabUshed  in  the  field  by  the  United  States 
stirveyors,  but  m  subdividing  such  sections  said  quarter  comers  should  be  so  placed  as  to  suit 
the  calculations  of  the  areas  rf  the  quarter-sections  adjoining  the  township  boundaries,  as 
expressed  upon  the  official  plat,  adopting  a  proportional  measurement  where  the  present 
measurement  of  the  north  or  west  boundaries  of  the  section  differs  from  the  original  meas- 
urement 

RE-ESTABLISHMENT  OF  LOST  CORNERS. 

The  original  comers,  when  they  can  be  found,  must  stand  as  the  tme  comers  they  were  in- 
tended to  represent,  even  though  not  exactly  where  strictly  professional  care  might  have  placed 
them  in  the  first  instance. 

Missing  comers  shoidd  be  re-established  in  the  identical  localities  they  originally  occupied. 
When  the  point  cannot  be  determined  by  the  existing  land-marks  in  the  field,  resort  must  be 
had  to  the  field-notes  of  theorigin  al  surveys.  The  law  provides  that  the  lengths  of  the  Unes  as 
stated  in  the  field-notes  shall  be  considered  as  the  true  lengths  thereof,  and  the  distances 
between  comers  set  down  in  the  field-notes  constitute  proper  data  from  which  to  determine  the 
trae  locaUty  of  a  missing  comer ;  hence  the  mle  that  all  such  should  be  restored  at  distances 
proportionate  to  the  original  Measurements  between  existing  original  comers.     That  is,  if  the 


u 


THE  AMERICAN  SETTLER'S  GUIDE. 


measurement  between  two  existing  comers  ovemins  or  falls  short  of  that  stated  in  the  field 

T'^  '',!!!!  "  '^'"'"^  ^°"^'  ^  ^^^'^^^^  proportionately  amonTSe^m^^e,^ 
section  hnes  betwen  the  said  existing  comers  standing  in  th^  origi  J  places.^  MUtT<Z 

the  nearest  existing  original  comers  norfA  and  soutA  of  the  missing  comers.     As  has  been 
curved,  no  existing  original  comer  can  be  disturbed,  and  it  .4U  be'plain  that  ^  e^e^or 

b  vonT^-H   ".^"'^^""^^^  ^^-"  --^"g  ™  cannot  in  any  de^ee  affect  the  ^ZcL 
beyond  said  existing  comer.,  but  must  be  added  or  subtracted  propol^^nately  to  or  froTlIT 

send  50  cents  for  full  instructions  as  to  restoration  of  lost  and  obliterated  comere. 


CHAPTER    III. 

HOMESTEADS. 
I.   Homesteads  in  General. 

To  the  people  of  Europe,  where  the  high  price  of  real  esUte  confers  distinction  upon  it« 
owner,  it  seems  beyond  belief  that  the  United  States  should  give  away  one  hundred  and  sixty 
acres  of  land  for  nothing.  Yet  such  is  the  fact;  a  compliance  with  the  Homestead  Law,  and 
the  payment  of  small  fees  and  commissions  to  the  local  officers,  secure  title  to  a  quarter  section 
of  government  land.  Laborers  in  other  countries,  who  find  it  difficult  to  support  their  famiUes, 
can  here  acquire  wealth,  social  privileges,  and  political  honors,  by  a  few  years  of  intelligent 

industry  and  patient  fmgality(*). 

All  in  the  Atlantic  States,  who  are  discouraged  with  tlie  slow,  tedious  methods  of  reaching 
independence,  wiU  find  rich  rewards  awaiting  settlers  on  the  public  lands,  who  have  talent  and 
energy,  while  the  unfortmiate  in  business  and  they  who  are  burdened  with  debt,  can,  in  the 
West  and  South,  start  anew  in  the  race  of  Ufe,  for  the  Homestead  Law  expressly  declares  that 
"  no  lands  acquired  under  the  provisions  of  this  chapter  (Homestead)  shall  in  any  event  become 
liable  to  the  satisfaction  of  any  debt  conti^cted  prior  to  the  issuing  of  the  patent  therefor." 

Citizens  and  those  who  have  declared  their  intention  to  become  citizens,  irrespective  of  the 
amount  of  land  already  owned,  may  claim,  under  the  homestead  laws,  surveyed  or  unsurveyed 
lands,  not  mineral  in  character(»»).  This  is  conceded  to  the  extent  of  one  hundred  and  sixty 
acres  of  minimum  lands,  and  one  hundred  and  sixty  acres  of  the  rv^  sections  (».  <r.,  2,  4,  6,  8, 
etc.,)  of  townships  within  railroad  or  military  road  grants^).  Only  eighty  acres  of  double 
minimum  lands  of  the  odd  sections  within  such  grants  not  belonging  to  the  road,  or  eighty 
acres  of  odd  or  even  sections  within  grants  for  other  purposes,  can  be  entered  under  the  Home- 
stead Laws.  In  Missouri  and  Arkansas,  by  Act  of  Congress  of  July  i,  i879(*),  a  qualified 
applicant  may  enter  one  hundred  and  sixty  acres  of  the  odd  sections  within  the  limits  of  grants 
of  the  even  sections  to  railroads  and  military  roads. 

a.  APPLICATION  AND  ENTRY. 


In  connection  with  an  application  in  the  following  form : 


Afpucation  ) 

No.  — .  ; 

I. .of 


Land  Officb  at 

{Daie) 


18—. 


Sutes,  the 


,  do  hereby  apply  to  enter,  under  section  2289  of  the  Revised  Stotutes  of  the  United 

ection ,  in  township  — — ,  of  range ,  contoining acres. 


of  section 


Land  Office  at  ■ 

{Date) 


18—. 


I, 


— ,  register  of  the  land  office,  do  hereby  certify  that  the  above  application  is  for  surveyed  land* 
ich  the  applicant  is  legally  entitled  to  enter  under  section  2289  of  the  Revised  Statutes  of  tbc 


of  the  class  which  the  applicant  is  legally 

United  States,  and  that  there  is  no  prior,  valid,  adverse  right  to  the  same. 


-,  Register. 


(•)  The  present  SecreUry  of  the  Interior,  who  decides  all  questions  coming  before  him  from  the  General  Land 
Office,  is  a  native  of  Germany.  The  Commissioner  of  the  General  Land  Office,  next  preceding  the  present  one, 
was  a  native  of  England.  The  late  General  Shields,  another  Commissioner  of  the  General  Land  Office,  was  a 
native  of  Ireland.— [This  sutemcnt  was  made  in  February,  1880.] 

O")  Mineral  lands  in  Kansas,  Missouri,  Michigan,  Minnesota,  and  Wisconsin,  may  be  included  in  Homestead 
entries. 

(•)  In  Alabama  and  Mississippi,  and  elsewhere,  except  Missouri  and  Arkansas,  where  the  even  sections  were 
granted  and  the  odd  reserved,  only  eighty  acres  of  double  minimum  lands  can  be  homesteaded,  except  by  soiAew 
and  sailors,  their  widows  and  orphan  children.     Geueral  Land  Office  Instructions,  September  i,  1879,  p.  11. 

(«)  Land  Owner,  Vol.  6,  p.  83. 

(25^ 


\\ 


»■■' 


I 


'jfi 


^  THE  AMERICAN   SETTLER'S  GUIDE. 

The  party  must  present  the  foUowing  affidavit : 


1, 


of- 


Lano  Officb  at 
{Daie) 


tmlly,  or  over  twenty-one  y«u5o('ag,:  whetCen  dti»S  if  ?kt  1?''  "'«"'"  ">«  applicant  is  tlfe  head  oft 
•eretofore  had  the  benefit  of  the  homestead  t^^  ^    °"  ^"^  P^"°"'  whomsoever],  and  that  I  have  not 


Sworn  to  and  subscribed,  this day  of ,  before 


fees  are  to  be  paid  according  to  the  following  table  "^'  "^^  ^^°"^*'  commissions  and 


Acres. 


i6o 
80 
40 

160 
80 
40 


Class 

of 
land. 


Commissions. 


Payable  whm\  Payable  when 
eniry  is  made,  certj/icaie  issues. 


Fee. 


$2  50 

2  50 
2  50 

I  25 
I  25 


i;8  00 
4  00 
2  00 
4  00 
2  00 
I  00 


Payable  when 
entry  is  made. 


Total 

sum 

paid. 


$&  00 
4  00 
2  00 
4  00 
2  00 
I  00 


|io  00 

5  00 

5  00 

10  00 

5  » 

5  00 


$26  00 

13  00 

9  00 

18  00 

9  00 

7  00 


InLl'lTlI*:  if"  """  '''"*'°""  """^^  """«^'  *=  -"'  -•«  -"  "PP'X  '»  Ohio. 
.»a.  the  commtsstons  and  fees  are  to  be  paid  according  ,0  ,he  foltowing  UtbleT 


Acres. 


Qass 

of 
land. 


Commissions. 


Payable  when 
entry  is  made. 


160 

t>2   50 

80 

2   50 

40 

2  50 

160 

I    25 

80 

I    25 

40 

I    25 

Payable  when 
certijicate\'s&\xe%. 


Fee. 


$12  CO 

6  00 
3  00 
6  00 
3  00 
I  50 


$\2   00 

6  00 
3  00 
6  00 
3  00 
I  50 


Payable  when 
entry  is  made 


%\Q  00 
5  00 
5  00 
10  00 
5  00 
5  00 


Total 

sum 

paid. 


I34  00 
17  00 
II  00 
22  00 
II  00 
8  00 


J 


»me  member  AerTof  ,  ^^M  L    .     *"'  "  """'  **  '''<"™  *»'  *«  P»«y»  ^^^ly  « 

men,  h"ve  b!In  mTde  ,i    '"''"«"•""  *^  ''"''•  "^^  ">»'  «  *'««''/*  «ttlemen,  and  improve- 

officl  »::  ^^Sacl'^HiTrown!^'  """  "'  ""  '^''"""'•'  """""^  '»  "^  •'■^-'  "  *«  ^ 


THE  AMERICAN  SEITLER'S  GUIDE. 


27 


ADJOINING  FARM  ^OMESTEADS. 

An  appUcant  crwning  and  residing  on  an  ^:r.Wfann,  may  enter  other  land  lying  con- 
tiguous Sereto,  which  shall  not,  with  such  farm,  exceed  in  the  aggr^ate  l6o  acres     Thus 
,^eL.ple,  a  party  owtnng  or  occupying  80  acres  may  enter  80  additional,  without  regard 
:  pricTwhetherhdd  at  %U  or  ^2^50  per  acre;  or.  if  owning  40  acres,  he  may  en^r  i^. 
acres  additional  of  land  held  at  $,.25  per  acre,  or  of  land  held  at  $2.50  per  acre,  wh  re  i^ 
acres  U  now  the  maximum  quantity  of  double  minimum  land  subject  ^o  "ead  erU^  bu 
cannot  exceed  the  maximum  of  80  acres  where  the  land  proposed  to  be  -tered  .  l^^^^^d.a 
$2.50  per  acre,  and  where  80  acres  is  still  the  legal  maximum  in  reference  to  that  class  of 

^^'applying  for  an  entry  of  this  class,  the  party  must  make  affidavit,  as  follows,  describing 
the  tract  which  he  owns  and  upon  which  he  resides  as  his  onginal  farm : 

AFFIDAVIT. 


Land  Office  at  - 
{Date) 


-,18^. 


I, 


,of- 


the'Act  of  Congress  approved  May  20, 
.^..Ki:/.  Ar^mtXTt  "  An  «;r>lsmnlv  swear  th; 


-  haviM  filed  ray  application  No. .  for  an  entry  under  the  provisions  of 

•  tr.^':?.i.lid.  5'V  Actto  s^ecu„_ho^e«_^ds^to^ac,„^^^^^^^^^  on^.he 


"An  Act  to  secure  nomoicAua  •.«  «^,v..«.  ov....^..-  .—  -— 
-  /here  state  whether  the  applicant  is  the  head  of  a  family, 
f'Jl-  TT_:.-.-^  c»o»«=   rtr  V,Q«  filed  his  declarauon  of  intcnuon 


public  domain,"  do  solemnly  swear  that T.~~7;'AeUniSd  States   or  has  filed  his  declaration  of  intcnuon 

OT  over  twenty-one  years  ofage:  whether  a  citizen  of  the  United  bUt^^oriws  ^j,^  fourteen  days  in  the 

of  becoming  such  or.  if  under  twenty-one  ye^r^  of  age   that  ^^^^/^^'^.'^rmade  for  my  own  exclusive  benefit 
Army  or  jfavy  of  the  United  Stat«  dunng  actual  ^f -1  tf^^^^!"^^  J^         „^  whomsoever;  neither  have  1 
and  not  directly  or  indirectly  for  the  benefit  o""  "^^  °f  ^"X  ?'^^J  -^t^at  the  S  embraced  in  the  said  application 
heretofore  perfected  or  abandoned  an  ""7,  ^^^^,"^^"^1^  \^^„'^  ?^n  and  rSe  upon,  an  original  farii:  contain- 
rn^-JZI^^a^sn^i/rr^J^'S^h?^^^^  of  secuon  -1-.  township  —  -.  range 


acres,  ana  no  more,   m-i  «-"^  -• - —  — i-   j  r 
-,  and  is  contiguous  to  the  tract  this  day  applied  tor. 

Sworn  to  and  subscribed  this day  of before 


•  0/  the  Land  OJici 


On  compliance  by  the  party  with  the   foregoing   requirements,  relating  to  an  <,ngmal  or 

adjoining  farm  homestead,  the  receiver  will  issue  his  receipt  for  the  fee  and  that  part  of  the 

commissions  paid,  as  follows,  a  dupUcate  of  which  he  will  deliver  to  the  party : 

i;  _.  -        AppliAtion  No. . 

Recbivbr  s  Rbcbipt,  No. . 

HOMESTEAD. 


18- 


Kecbivbr's  Office, 

Received  from .  ot counry,  — ,  ».-  "l"."' "^nTIT  ^^''"''"fTe^ti-n  —^m  township 

amount  of  fee  and  compensation  of  register  and  ^^^'J" /n^ti  nf  thenUnit^dS^t« 
^  of  range ,  under  section ,  Revised  Statutes  of  the  United  states.  


Received  from 


-.  of: 


•  county, 


-,  the  sum  of 


-,  Receiver. 


ENTRIES  UNDER  LAW  OF  MARCH   3.    1879  (*). 

Any  person  who  ha?  under  existing  laws  taken  a  homestead  on  any  even  section  within  the 
lunits  of  any  railroad  or  miUtary  road  land  grant,  and  who  by  existing  laws  shall  have  been 
restricted  to  80  acres,  may  enter  under  the  homestead  laws  an  additional  80  acres  adjommg 
the  land  embraced  in  his  original  entry,  if  such  additional  land  be  subject  to  entry,  without 
•payment  of  fees  and  commissions.  The  residence  and  cultivation  of  such  person  upon  and  of 
the  land  embraced  in  his  original  entry  shall  be  considered  residence  and  culUvation  for  the 
same  length  of  time  upon  and  of  the  land  embraced  in  his  additional  entry,  and  shall  be 
deducted  from  the  five  years  residence  required  by  law;  with  the  proviso,  however,  that  m  no 
case  shaU  patent  issue  until  the  person  has  actually,  and  in  conformity  with  the  homestead 
laws,  occupied,  resided  upon,  and  cultivated  the  land  embraced  in  his  additional  entry  at  least 

one  year.  ,  t.      •  -n 

Upon  any  party  proposing  to  enter  such  additional  tract,  the  Register  and  Receiver  wUl 
requir^im  to  make  homestead  application  and  affidavit  according  to  annexed  forms: 

ADDITIONAL  HOMESTEAD. — ACT  OF  MARCH   3,   1 879. 


Application  \ 

No. .     j 

I, ,of 


-,  in  township 
-of— 


Land  Office  at 

{Date) 

— ,  do  hereby  apply  to  enter,  under  the  act  of  March  3,  1879,  ^err-—        ,       . 

^  of  range  ---I.;  containing acres,  as  addiUonal  to  my  entry  No. ,  for  th« 

section  ,  in  township ,  of  range .  '' . 


of  sec*io0 


(»^  General  Land  Office  Instructions,  October  1,  1880,  p.  19. 


>il 


^         I 


*^- 


*i8 


i;- 


THE  AMERICAN  SETTLER'S  GUIDE. 


of  .U.e  cla«^;^'^e^;il^„?i:  l^y^S<i°.^Tn52:'''S'^  't*^  ^«  ^^-  applicLfi^'L  K,r  survey, 

nrw  valid  adverse  righ?S,  the  V^?=^^  ""^''^"^  ''^  ""^^  "'^'^^  '^^  *<^»  of  March  3.  1879.  and  ZVIlr^  is  00 


Land  Ofpicb  at 

(Da/t) ,xgL. 

I  u  for  surveved  lands, 


I. 


ADDITIONAL  HOMESTEAD—ACT  OF  MARCH   3.  1879. 

AFFIDAVIT. 

1 

LAffD  Ofpick  at 


;  R*g;ht«tr. 


of  ^  oAe,  p„.o„  or  p„«,„  .ho„.o«v„,  :u.d  ."hi,  fZ'.^;^  ^^ZtUi^f^Ul^' ^^  ^^  "'  '"^ 
Swomto»ndsubscrilwl,UiB day  of .before '- . 

.ng  .he  legal  reqairemem;  but  in  making  final  v^ooUn  .T^^r^JTff '^T^' 
show  such  r«idence.  with  occupancy  and  culdvaUon  of  the  ^«  tlrL"l'f  'T?  T 
yeacs  from  the  date  of  entry  thereof.  less  the  time  to  be  dedu«^  o^a"co„n  of   "^  '"  '™ 

efnrli^oTcl:re:f-;::xl:^-^^^^^^^^ 

Receiver  will  ^IT^^^^XZ^::^::^^  ^2^^^!^^:,'^  ^^^^  "" 
ninety  days  during  the  late  civil  w.r  ..^  •  7  *  ^^'^*^'  ^"^  ^^O'  ^^ 

Ka^;  ro^irso.hV;or„:tre:at,:d  ::rHg:.^rd"Lrc?^:"^T" 
rrj^n^d^i^dt^Tw^rar  r^t'^'"'^— ^^^^^^^ 

a«hori.ed  to  admini^athr:  ^rtL^Serr  K^^  T^^^:!:.-^ 

INDIAN   HOMESTEADS. 
RULINGS. 

A  single  woman  who  makes  an  ent^r  under  the  homestead   laws  does  no.  forfri.  K 
^.  by  marriage,  provided  the  requirements  as  to  settlement  and  culu'2nl":I:p,!': 

A  married  woman  deserted  by  her  husband  made  a  homestead  entry  and  orovid^H  „         r 
.mprovmg  and  cultivating  the  land  embraced  therein.     Notwithst^  h ^^^1".":::!  "" 
she^lUpon  making  satisfactory  final  proof,  receive  the  patent  in  her  ol  n^e^  " 


<•)  W.  H.  Werdelange,  Land  Otviut,  Vol. 


p.  3. 


(»•)  Ella  Nelson.  Land  Oum^r,  Vol.  j,  p.  4. 


THE  AMERICAN  SETTLER'S  GUIDE. 


39 


vorced,  does  not  mak«  her  the  legal  wife  of  such  person,  so  as  to  disqualify  her  Irom  entering 
public  lands.  But  where  such  polygamous  wife  allows  her  pretended  husband  to  control  her 
acts,  and  maintains  her  marital  relations  with  him,  she  cannot  be  allowed  to  make  an  entry 
of  public  lands,  where  the  laws  governing  the  same  require  tha  the  entry  must  be  made  for 
the  exclusive  use  and  benefit  of  the  applicant(*). 

An  abandoned  wife  is  regarded  as  the  head  of  a  family,  and  her  rights  will  receive  due 
consideration.  When  she  and  her  children  are  still  residing  upon  the  homestead  entered  by 
her  absent  husband,  the  entry  cannot  be  cancelled  for  abandonment^*). 

A  woman  may  commute  her  deceased  husband's  entry  and  receive  a  patent  in  her  own 
name,  and  afterwards  may  make  another  homestead  enhy  in  her  own  right  (°). 

The  «ntry  of  a  minor,  rot  the  head  of  a  family,  is  void,  and  does  not  exclude  him  froiP 
making  a  lec[al  entry  on  attaining  his  majority  (*). 

Orphan  children  of  other  than  deceased  Union  soldiers  and  sailors,  whose  widows  are  dead 
or  married,  cannot  make  homestead  entries  through  guardians(«). 

A  homestead  entry  cannot  be  made  for  an  "  incompetent"  person  by  his  guardianC). 

It  is  no  part  of  the  duties  of  the  rasters  and  receivers  of  the  United  States  Land  Offices  to 
make  out  applications  for  homestead  or  pre-emption  settlers(K). 

In  cases  of  simultaneous  applications  to  enter  under  the  homestead  laws,  the  rule  is  as 

follows : 

1.  Where  neither  party  has  improvements  on  the  land,  it  should  be  sold  to  the  highest 

.bidder.  , 

2.  Where  one  has  actual  settlement  and  improvements,  and  the  other  none,  it  should  be 

awarded  to  the  actual  settler. 

3.  Where  both  allege  settlement  and  improvements,  an  investigation  muj^  be  had,  and  the 
land  be  awarded  to  him  who  shows  the  prior  actual  settlement  and  substantial  improvements, 
so  as  to  be  notice  on  the  ground  to  any  competitorC*). 

In  case  of  death  of  homestead  settler,  leaving  no  widow  or  children,  the  legal  heirs  may 
commute  or  continue  residence;  the  final  papers  will  then  be  made  out  in  Oie  name  of  "tiie 
heirs."     The  heirs  would  not  be  debarred  thereby  from  making  each  a  homestead  entry  in 

his  own  name('). 

A  party  who  neglects  to  examine  the  character  of  land  entered  by  him  under  the  homestead 
laws  must  suffer  the  consequences.     He  cannot  be  allowed  to  make  another  entry  (J). 

Where  a  homestead  claimant's  land  has  become  totally  valueless  for  farming  purposes  by 
reason  of  the  overflow  or  back  water  of  a  river,  he  will  be  allowed  to  make  another  homestead 
entry,  with  credit  for  fees  and  commissions.  In  the  event  of  a  new  homestead  entry,  he  will  be 
required  to  show  compliance  with  the  law  as  though  he  had  made  no  previous  entry (*). 

An  application  handed  to  the  Receiver  after  office  hours  on  the  street,  without  the  fee,  is  not 
a  legal  application('). 

Land  appropriated  for  any  public  use  is  not  subject  to  entry  under  the  Homstead  Laws. 
The  appropriation  of  land  by  the  Government  is  setting  it  apart  for  some  particular  use,  as 
Congress  set  apkrt  the  land  embraced  in  the  Hot  Springs  reservation  (™). 

A  homestead  entry  becomes  effective  only  when  made  at  the  local  office,  and  not  when  the 
affidavit  is  taken  before  a  county  clerk.     The  only  benefit  derived  from  settlement  is  the  privi 
lege  in  certain  homestead  cases  of  making  the  required  affidavit  before  the  county  clerk("'). 

(•)  Lyons  vs.  Stevens,  Land  Owner,  Vol.  6.  p7  107. 

(*)  Thompson  vs.  Anderson,  Land  Owner,  Vol.  6,  p.  125.  \ 

(•)  Adolphine  Hedcnsky,  Land  Owner,  Vol.  a,  p.  83. 

(*) Thomas  Thompson,  Land  Owr^r,  Vol.  i,  p.  99.  M.  S.  Woodford,  Land  Owner,  Vol.  6,  p.  125.  Root 
M.  Smith,  Land  Owner,  Vol.  6,  p.  45. 


(•)  J.  A.  Balch,  Land  Owner,  Vol.  i,  p.  149. 
W  T.  C.  Shapleigh,  Land  Owner,  Vol.  5,  p.  147. 
O  R.  J.  Simonson,  Land  Owner,  Vol.  i,p.  35. 
(k)  H.  J.  Johnson,  Land  Owner,  Vol.  4,  p.  ?i. 


(*)W,  R.  Ledford,  Land  Owner,  Vol.  5,  p.  165. 

(*)  Helfrich  vs.  King,  Land  Owner,  Vol.  3,  pp.  19,  164. 

(J)  J.  O.  NightingsJe,  Land  Owner,  Vol.  4,  p.  146. 

0)  Gregory  vs.  Kirtland,  Copp's  Public  Land  Laws,  p.  aaS. 


I 


(■)Hot  Springs  Reservation,  Land  Owner _  Vol.  2,  p.  100.     (")G.  Zentenhorst.  Land  Owner ^  Vol.  x,  p  139. 


30 


II; 


\  la' 


<»■■ 


THE  AMERICAN  SETiIers  GUIDE. 


mere  notices  of  cancellation  of  entries  are  received  at  the  local  offiop  after  business  houn. 
Oie  land  embraced  therein  is  not  subject  to  entry  or  filing  .mtU  the  usual  opening  hour  on  the 
following  mommg(*),  r       &  ««  uic 

The  right  to  tax  lands  of  the  United  States,  entered  under  the  homestead  laws,  does  not 
accrue  to  the  btate  until  the  expiration  of  the  period  of  residence  and  cultivation,  and  until  the 
fina^  proof  required  by  law  shall  have  been  made  and  approved,  and  the  final  homestead  cer. 
tihcate  issued  C*). 

Where  a  second  contest  was  initiated  prior  to  the  determination  of  a  prior  contest,  and  th. 
homestead  entry  m  question  was  canceUed  as  a  result  of  the  first  contest,  the  second  contestant 
has  no  preference  nght  of  ento-  should  the  first  contestant  fail  to  make  entry.  The  land  in 
that  case  would  be  open  to  the  fiist  legal  appUcant(«). 

After  lands  have  been  offered  at  public  sale  and  then  withdrawn,  they  may  be  r&ored  to 
homestead  and  preemption  entry.  UntU  they  have  again  been  offered  at  pubUc  sale  they  a« 
not  suoject  to  private  entiyC).  ^  ^      ' 

-      Where  the  quandty  „f  land  sought  to  be  entered  is  eighty  acres  and  a  fraction  of  an  .0,;  " 
more,  ^  ,.  is  less  than  eighty-one  acres,  the  fee  required  is  only  »s.oo-not  »ioooC) 
st^d^^o"""'  ^"^^  '  '«>°'«'«d  claim  to  land  covered  by  an  uncancelled  prior  home- 

i.   RESIDENCE  AND  CULTIVATION. 

By  making  an  entry  an  inceptive  right  U  vested  in  the  settler,  and  his  final  tiUe  depend, 
on  h«  residence  upon  and  cultivation  of  the  knd  embraced  in  his  claim.    Tlus  resiLce 

(See  Soldiers  and  Sailors'  Homesteads) ;  or  if  he  prefer  to  pay  for  his  land,  as  at  private 
entry,  he  may  aft»  si.  months' settlement  and  cultivation  m=ie  the  necessa,;  pn^f     -^ 

'atllP'"*  "  '  """""'"^  *  ''°""'"'*  '"""■     <^"  *"'"^   '*^='"''  Co"""^ 

The  refusal  of  the  wife  to  live  on  a  homestead,  provided  the  husband  complies  with  the  law 
will  not  injure  his  rights(«).  ^  • 

.hrir'""l.,"'tTKT'*""  """^"^  '^^  '  ''°""'^**''  "t^.  "ay  "any  without  invalidating 
their  nghts,  if  the  law  is  complied  with  as  to  residence  «.d  cultivation.  Either  home^d 
may,  if  they  choose,  be  commutedC).  "omesteaa 

Where  a  man  and  woman  marry  after  each  has  made  a  homestead  entry  of  adjoining  land 
thq,  may  live  m  a  house  built  on  the  dividing  line  between  the  two  homesteads(')  ' 

Residence  in  a  double  house,  buUt  on  the  dividing  line  between  «ijoining  homesteads  i. 
residence  in  compliance  with  the  law(J).  "mraieaas,  is 

i/t'n  \''°""«*"'"^tf  """P'"'^  ""^  "™  °f  fi™  y^.  »  further  residence  is  no.  require! 
to  entitle  him  to  patent(').  'cqwrea 

wi&te T  'Z^^l  r°''  u  ^"^  '""'  *■"""  ''*'*  °'  ""y  °"  *'  «™«  '•'^■»«'  «  "  compliance 
with  the  Homestead  Law;  but  the  question  of  such  residence  may  under  pioper  restric^on  te 
mvestigated  at  any  time  before  issuance  of  patent(').  festnction  be 

hZI"'  I  """"'f  ^^^l^™""  1^  f-^l^d  to  comply  with  the  law  in  Uie  matter  of  residence 

he  may,  where  he.  has  been  prevented  by  citcumstances  beyond  his  contml,  and  his  good  faiti. 

IS  evident,  be  allowed  additional  time  to  comply  tiierewith(-)  <>  ms  good  laith 

The  homestead  entry  of  a  party  who  faUed  to  establish  permanent  and  exclusive  residence 

(')  Geoise  Noble,  Land  Owntr,  Vol.  a,  p.  34  ~  '  " 


(•)  Bennett  vs.  Collins,  Land  Owner,  Vol,  8,  p.  17a. 
(•)  Alcide  Guidney,  Land  Owner,  Vol.  8,  p.  157, 
(«)  O.  A.  A.  Gardiner,  Land  Owner,  Vol.  i,  p.  ^. 
(•)  A.  C.  Sowle,  et  al..  Land  Owner,  Vol.  6,  p.  93. 
(*)  Joseph  Fisher,  Land  Owner,  Vol. a,  p.  51. 
1-)  Adam  LickUder,  Land  Owner,  Vol.' 4,  p.  ^31, 


(*)  Thomas  Holland,  Land  Owner,  Vol.  4,  p.  44. 
(')  B.  W.  Wilson,  Land  Owner,  Vol.  i,  p'.  ,14. 
W  A.  J.  Bockland,  Land  Owntr,  Vol.  4,  p.  107. 
(I)  W.  S.  Headlee,  Land  Owner,  Vol.  x.  p.  5,.  ^ 

(»)  Weber  VI.  Goiirley,  Land  Owner,  Vol.  3,  p.  19. 


THE  AMERICAN   SEtTLER'S  GUIDE. 


31 


on  the  tract  until  three  and  one-half  years  after  date  of  entry,  should  be  h^ld  in  abeyance  until 
tiie  expir^on  of  five  years  from  settlement,  and  his  case  be  submitted  to  the  Board  of  "^^^ 
Adjudication,  established  to  determine  in  what  cases  patents  shall  issue  where  the  law  has  been 
subsUntially  complied  with(*).  .u    i     1 

A  party  who  enters  a  homestead  and  attempts  to  acquire  title  thereto  by  gomg  upon  the  land 
and  remaining  over  night  once  or  twice  in  six  months,  fails  to  establish  a  legal  residence ;  and 
where  it  is  shown  that  such  faUure  to  comply  with  the  provisions  of  the  law  was  not  the  resuU 
of  ignorance  or  of  uncontrollable  circumstances,  the  entry  should  be  cancelled^ ). 

Such  cases  as  the  above  should  not  be  submitted  to  the  Board  of  Equitable  Adjudication. 
Cases  going  before  this  Board  are  limited  to  those  in  which  the  good  faUk  of  the  claimant 
appears  unquestionable  (Ibid). 

A  party  while  having  an  actual  residence  on  his  claim,  may  work  elsewhere  for  other  people 

a  few  weeks  at  a  time.  ,    v    1     j     •        ^ 

An  entry  is  Uable  to  be  cancelled  for  failure  in  respect  to  residence,  and  the  land  given  to 
some  one  else.  Residence  is  not  required  on  an  "Adjoining  Farm  Homestead."  There  must 
be  continued  residence  on  the  original  farm,  however,  and  use  of  the  additional  land  m  con- 
nection therewith. 

Where  a  homestead  settler  dies  before  the  completion  of  his  claim,  the  widow,  or  m  case  oi 
her  death,  the  heirs,  may  continue  settiement  or  cultivation,  and  obtain  title  upon  proper  proof 
at  the  right  time.     If  the  widow  groves  up.  the  tiUe  passes  to  her;  if  she  dies  before  proving 
up,  and  the  heirs  make  the  proof,  the  title  will  vest  in  them. 

Where  both  parents  die,  leaving  infant  children,  the  homestead  may  be  sold  for  cash  for  the 
benefit  of  such  children,  and  the  purchaser  will  receive  title  from  the  United  States ;  or  the 
patent  will  issue  to  the  infants  on  proof  of  settlement  or  cultivation  for  the  prescribed  penod. 
The  law  is  substantially  complied  with  by  continual  cultivation  for  the  period  of  five  years  by 
Jie  heirs  or  devisee,  personal  residence  not  being  required  in  their  case(«^). 

The  sale  of  a  homestead  claim  by  the  settler  to  another  party  before  completion  ot  title  is  not 
recognized,  and  vests  no  title  or  equities  in  the  purchaser.     In  muking  final  proof,  the  settler  is 
by  law  required  to  swear  that  no  part  of  the  land  has  been  aUenated,  except  for  church,  cem 
etery,  or  school  purposes,  or  the  right  of  way  of  railroads. 

C,  AMENDMENT. 

Where  a  party  desires  to  amend  his  homestead  papers  on  the  ground  that  they  do  net 
describe  the  tract  he  intended  to  apply  for  and  has  actually  settled  upon,  he  must  with  his 
application  for  amendment  send  to  the  Register  and  Receiver  an  affidavit  sustained  by  the 
affidavit  of  two  witnesses,  wherein  he  sets  forth  that  he  had  within  six  months  from  date  of 
original  appUcation  actually  settled  on  the  described  bract,  and  give  in  full  the  character  of  the 

improvements  made. 

Where  a  party  desires  the  cancellation  of  his  entry  on  account  of  a  prior  legal  claim  having 
attached  to  the  land  so  entered,  he  must  send  with  his  appUcation  an  affidavit,  corroborated  a£ 
before  by  two  witnesses,  showing  number,  date,  and  nature  of  the  prior  claim,  and  the  extent 
of  the  improvements,  if  any,  which  may  have  been  made(*). 

A  homestead  party  whose  entry  is  cancelled  in  part  for  conffict,  may  retain  the  remainder 
and  amend  his  entry  to  embrace  a  contiguous  vacant  tiract,  not  to  exceed  the  quantity  in  Iiis 

original  entry(*). 

A  claimant  has  a  right  to  obtain  the  correction  of  a  clerical  error  in  his  entity  papers,  mis- 

dcscribing  the  land  settled  upon  and  cultivatedC). 

(*)  Byrne  »*.  Catlin,  Latid  Owner,  Vol.  5.  P-  ^^^^ 


(•)  Thotsten  Olsen,  Land  Owner,  Vol.  5,  p.  117. 

(•)  Dorame  vt.  Towere,  Land  Owner,  Vol.  a,  p.  131. 

(«)  General  Land  Office  Instructions,  Copp's  Public  Land  Laws,  p.  a39' 

(•)  Thomas  C.  Maries,  Copp's  Public  Land  Laws,  p.  240. 

(^  Jefferson  Newcomb,  Land  Owner,  Vol.  2,  p.  x(S» 


82 


THE  AMERICAN  SETTLER'S  GUIDE. 


CIRCULAR   IN  RELATION  TO  CHANGES   OF  ENTRY 

Department  of  the  Interior, 
General  Land  Office, 
To  Register,  and  Receivers  of  U.  S,  Land  Offices        ^^'^"'^*''^^'  ^-  ^'*  ^^^S^st  8,  1878. 

instructions :  ^  Revised  Statutes  and  accompanying 

of  havi,^  the  error  ■„  his  X^^l^T^^^^V^T^  '°  T"^'  "'"  *""■«  '"^™" 
the  Reeister  of  the  knH  „«;?  ~'^««';  »>'  ^"^J'  ""ake  his  apphcation  for  that  purpose  to 

and  ReCrl«  ai  elnn  ;re„.     H  T'"  '"""  '"'■"°"^  "'^^'"""-^  '°  *'  Register 

original  incorre^lr r  r^rlt.r  ::  bTle  o'^h.'"':  ""  "T  *"  ""'^•'"'^  "^ 
«urks  and  numbers  at  comers  o7theT>«J<  '^.  .""  "  change  of  the  original 

fiom  mistake  or  error  of  AeTu^evo    L^ffi         ^  k'  ,"  ^^  "  ""^  '"  ""^  ""'"  ^  "^sen 
drall  repon  the  caL    wil  Z7.^Z        ?  k  •"'  '"'  °®"'  *'  "^'^ister  and  Receiver 

I».e.or.^.ho  is  aut^^rrTed  ^: l^'Zlt X^:T:Z':^ltT  "" ''' 

purchased  at  the  same  office  '  '°  "^^  ■"^'"'  *■"  ""^^  '"'^  «"'"  l"™  been 

wherpTnls'Lel'eVI^Trl^L'^r^"''""'^''"^^^  ^  »"  ^ 

concerned  surrende^S:S::rc^'rjoroVrcLt.^"i^ro^^^^ 

4e™erinL^:.=Tf  L^L'Zr-"'^'  -— --^PP--  i"  J, 

tract  thus  err' ne^t  e„rL*  d?es  T  "'  *""  '"""'''  '"  "^  entered,  where  the 

marking  ^T^e  s~  or^^^^^^      ^  """"  '.""  "^'^  °^^^°"^'  '^  ^«  ^'^^  ---^ 

o.er  L^o..,-::^:^        ::r,roLTr  ^^ "-  -^^  -  ^-^ 

J^^io.  .370  extends  the  foregoing  provision  to  cases  where  patents  have  been  or  may  be     ' 


\ 


THE  AMERICAN  SETTLER'S  GUIDE. 


33 


Section  2371  extends  the  provisions  of  both  the  preceding  sections  to  errors  in  the  locatioa 
of  land  warrants. 

Section  2372,  further  extending  these  provisions,  applies  to  all  classes  of  entries,  and  also 
enbraces  cases  where  the  error  was  not  occasioned  by  any  act  of  the  surveyor  or  of  the  land 
officers,  but  restricts  changes  of  entry  to  cases  in  which  the  tract  erroneously  entered  does  not 
in  quantity  exceed  one-half  section,  and  where  the  certificate  of  the  original  purchaser  has. 
not  been  assigned  or  his  right  in  any  way  transferred. 

Change  of  entry  may  therefore  be  allowed  in  accordance  with  these  provisions,  in  respect 
to  either  of  the  following  classes  of  cases,  viz. : 

Purchases  at  public  sale. 

Private  entries. 

Pre-emption  entries. 

Military  bounty  land-warrant  locations. 

Scnp  locations,  etc. 

A  change  of  entry,  when  allowed,  will  be  made  from  the  tract  erroneously  entered  to  that 
intended  to  have  been  entered,  if  vacant ;  but  if  not  vacant,  the  change  may  be  made  to  any 
other  tract  liable  to  entry. 

application  for  change  of  entry. 

The  application  must,  in  all  cases,  be  made  by  the  party  making  the  original  entry,  or,  in 
ca.se  of  his  death,  by  his  legal  representatives,  not  being  assignees  or  transferees. 

The  applicant  must  file  an  affidavit  showing  the  nature  and  particular  cause  of  the  error, 
and  that  every  reasonable  and  proper  precaution  had  been  used  to  avoid  it,  accompanied  by 
the  best  corroborative  testimony  that  can  be  procured.  The  oath  of  the  party  interested  is 
not  of  itself  sufficient. 

The  affidavit  must  also  show  that  the  land  erroneously  entered  has  not  been  transferred  or 
otherwise  encumbered. 

This  evidence,  together  with  your  joint  opinion  as  to  the  existence  of  the  mistake,  and  the 
crcdibiUty  of  each  person  testif/ing  thereto,  will  be  forwarded  for  the  decision  of  this  office. 

Where  a  patent  has  not  been  issued,  you  will  require  the  surrender  of  the  duplicate  receipt, 
or  certificate  of  location  (as  the  case  may  be),  accompanied  by  the  affidavit  of  the  party  that 
he  has  not  sold,  assigned,  nor  in  any  way  encumbered  the  title  to  the  land  described  in  the 
application,  and  that  said  title  has  not  become  a  matter  of  record. 

Where  a  patent  has  issued  it  must  be  surrendered. 

Where  the  title  has  become  a  matter  of  record,  and  in  all  cases  where  patent  has  issued, 
you  will  require  a  quit  claim  deed,  or  release,  to  the  United  States,  which  deed  must  be  exe- 
cuted, acknowledged,  and  recorded  in  accordance  with  the  laws  of  the  State  or  Territory  in 
which  the  land  is  situated.  You  will  also  require  a  certificate  from  the  county  clerk,  or  other 
officer  having  charge  of  the  books  in  which  any  conveyance  of  the  land  is  required  to  be 
recorded  to  give  it  validity,  stating  that  the  records  of  such  office  do  not  exhibit  any  convey- 
ancc  or  other  encumbrance  of  the  land  in  question.  In  the  case  of  a  married  man,  a  properly 
executed  release  of  dower  by  the  wife  must  be  furnished. 

WHEN  CHANGE  OF  ENTRY   IS  ALLOWED. 

In  all  cases  of  application  for  a  change  of  entry,  when  the  evidence  is  satisfactory,  a  new 
Register's  certificate  will  be  authorized  by  this  office,  which  certificate  will  bear  the  current 
■umber  and  date,  and  will  be  indorsed  with  the  authority  for  such  change. 

The  tract  to  which  the  change  is  allowed,  its  area,  etc.,  will  be  reported  on  the  proper 
monthly  abstracts,  with  a  noting  in  red  ink  of  the  items  credited  from  the  old  certificate  and 
not  included  in  the  footings. 

Any  excess  over  an  original  amount  will  be  accounted  for  as  in  case  of  other  excesses. 

Very  respectfully, 

t<r.r^^^.A    r  cmjirr.^    c  J- A.  WILLIAMSON,  CV/wwtr«<w^. 

Appoved :  C.  SCHURZ,  Secretary. 

3 


4: 


'I; 


»'\' 


f 


34 


THE  AMERICAN  SETTLER'S  GUIDE. 


d.   FINAL  PROOF  AND  COMMUTATION. 

The  law  is  explicit  in  requiring  final  proof  of  the  setUer's  compliance  with  the  law  to  be 
tnade  within  fwoy^ars  after  the  expiration  of  the  five  years  of  settlement  and  cultivation. 

Any  settler  desiring  to  make  final  proof  must  first  file  with  the  Register  of  the  proper  land 
office  a  written  notice  of  his  intention  to  do  so.  Such  notice  must  describe  the  land  claimed, 
and  the  claimant  must  give  the  names  and  post  office  addresses  of  the  witnesses  by  whom  the 
necessary  facts  as  to  settlement,  residence,  cultivation,  etc.,  are  to  be  established. 


I, 


■,of- 


NOTICE  OF  INTENTION   TO  MAKE   FINAL   PROOF. 

Land  Office  at 
{Date) 


ment  No. ),  for  the 


,  who  made  Homestead  Application  No. (or  Pre-emption "Declarato^^State- 

\'  do  hereby  pvc  notice  of  my  intention  to  make  final  proof  to  establish 


„      1  .  ."  ,      : — :  ,  »  ^^  "v.»».i/j  B«»c  «uiii,c  oi  ray  inienuon  to  malce  rinal  nraof  to  ^«i 

my  claim  to  the  land  above  described   and  that  f  expect  to  prove  my  residenceTnd  cuhfvatZbrfore 

four  pe^oi^]      '  °" '  '  ^  ^'^°  following  witnesses  :    [names  and  post-office  addresses  of 


Notice  of  the  above  application  will  be  published  in  the ,  printed  at 

as  th<?  newspaper  published  nearest  the  land  described  in  said  application. 


{Signaturt  of  claimant.) 

Land  Office  at . 

{Date) 


,  i8— . 

,  which  I  hereby  designate 

' — ,  Register. 

The  filing  of  such  notice  must  be  accompanied  by  a  deposit  of  sufficient  money  to  pay  the 
cost  of  publishing  the^  notice  to  be  given  by  the  Register ;  though  the  party  is  allowed  to 
make  a  contract  with  the  publisher  of  the  designated  newspaper,  and  so  need  not  deposit  the 
money  with  the  land  officers(*). 

Upon  the  filing  of  the  notice  by  the  applicant,  the  Register  shall  publish  a  notice  of  such 
application  once  each  week  for  a  period  of  thirty  days,  in  a  newspaper  which  he  shall  desig- 
nate, by  an  order  written  on  said  application,  as  published  nearest  the  land  described  in  the 
application,  and  he  shall  also  post  the  notice  in  some  conspicuous  place  in  his  office  for  the 
same  period.  A  compliance  with  the  law  will  require  the  notice  to  be  published  weekly  five 
times,  because  four  weekly  publications  would  not  cover  a  period  of  thirty  days. 

The  notice  to  be  given  by  the  Register  must  state  that  application  to  make  final  proof  has 
been  filed  ;  the  name  of  the  applicant ;  the  kind  of  entry,  whether  homestead  or  pre-emption ; 
a  description  of  the  land,  and  the  names  and  residences  of  the  witnesses  as  stated  in  the 
application. 

NOTICE   FOR    PUBLICATION. 

Land  Office  at , 

Notice  is  hereby  given  that has  filed  notice  of  intention  to  make  final  proofb^r'e^^Z— 

*^  *  °° •  ^8—,  on  Homestead  Application  No. (or  Pre-emption  Declaratory  Sute- 


ment  No. ),  for  the  - 

He  names  as  witnesses 


-,of. 


-,  and 


.,of 


-,  Register. 


To  save  expense,  the  Register  may  embrace  two  or  more  cases  in  one  publication,  when  it 
can  be  done  consistently  with  the  legal  requirements  of  publication,  in  a  newspaper  published 
nearest  the  land,  as  per  attached  form. 

CONSOLIDATED   NOTICE   FOR   PUBLICATION. 

Lakd  Ofticb  at  , 

«mnni^«f^?''"'^^^'\^"'*'f  •'^*f°?°'^'"S"°*™*^  "'^"^  have  filed  notice  of  intention  tf  male  final  pJ^" in 
nipport  of  their  respective  claims  before at ,  on ,  i88-,  vix : 

; .  Homestead  Application  No. ,  for  the .  'Witnesses: 

,  of . 

" .  Pre-emption  Declaratory  Sutement  No. ,  for  the .     Witnesses : 

•Po  ,  of . 

rpn  r  ■    — — ,  Register. 

The  proof  that  requisite  notice  has  been  given  will  be  the  certificate  of  the  Register  that  the 
notice  of  the  application  (a  copy  of  which  should  be  annexed  to  the  certificate)  was  posted  by 
him  in  a  conspicuous  place  in  his  office  for  a  period  of  thirty  days;  and  the  affidavit  of  the 
pablisher  or  foreman  of  the  newspaper  that  the  notice  (a  copy  of  which  notice  must  be 

(»)  Land  Owner,  Vol.  6,  p.  J3. 


THE  AMERICAN  SETTLER'S  GUIDE. 


35 


annexed  to  the  affidavit)  was  published  in  said  newspaper  once  each  week  for  five  successive 
weeks. 


CERTIFICATE  AS  TO  THE  POSTING   OF   NOTICE. 

>  *  -       Land  Office  at 

{Date) 


i»— . 


». ,  Register,  do  hereby  certify  that  a  notice,  a  printed  copy  of  which  is  hereto  attached,  was  by 

me  posted  in  a  conspicuous  place  in  my  office  for  a  period  of  thirty  days,  I  having  first  posted  said  notice  on  the 
day  of ,  18 — . 

,  Register, 


PROOF  OF  PUBLICATION. 


(CoFT  OF  NoncB.) 


of- 
county  of- 


:;} 


ss 


> 

in 


-,  being  duly  sworn,  deposes  and  says  that  he  is  the of  the 

•  county,  in  the of ;  that  the  notice  of  the  inten- 


-,  a  newspaper  published  at 

^'O"  Pf        .  ■  '  (and )  to  make  final  homestead  proof,  a  copy  of  which  is  hereto  attach'ed,  w^  first 

published  in  said  newspaper  in  its  issue  dated  the  ^—  of ,  188—,  and  was  published  in  each  weekly 

issue  of  said  newspaper  thereafter  for  the  full  period  of  thirty  days,  the  last  publication  thereof  being  in  the  issue 
dated  the of ,  188 — . 


Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.,  188—. 

[Seal.] 


-,  Notary  Public. 


In  making  final  proof,  the  homestead  party  may  appear  in  person  at  the  district  land 
office,  with  his  witnesses,  and  there  make  the  affidavit  and  proof  required  in  support  of  his 
claim ;  or  he  may  appear  with  his  witnesses  before  the  judge  of  a  court  of  record  of  the  county 
and  State,  or  district  and  Territory,  in  which  the  land  is  situated,  and  there  make  the  final 
proof  required,  as  follows,  which  proof,  duly  authenticated  by  the  court  seal,  is  required  to  be 
transmitted  by  the  judge,  or  the  clerk  of  the  court,  to  the  Register  and  Receiver,  together  with 
the  fee  and  charges  allowed  by  law. 


HOMESTEAD   PROOF. 
nNAL  affidavit  rbquikbd  of  hoicbstbad  claimants. 


I. 


-,  having  made  a  homestead  entry  of  the 


section  No. ,  in  township  No. ,  of 


,  under  section  No.  2289  of  the  Revised  Sta'tutes  of  the  United  States 


range  No.  -- — ,  subject  to  entry  at ,  unaer  section  XNo.  2289  ot  the  Revised  Statutes  of  the  United  States 

do  now  apply  to  perfect  my  claim  thereto  by  virtue  of  section  No.  2291  of  the  Revised  Statutes  of  the  United 

Swtes  ;  and  for  that  purpose  do  solemnly that  I  am  a  citizen  of  the  United  Sutes;  that  I  have  mado 

acrual  setUement  upon  and  have  cultivated  said  land,  having  resided  thereon  since  the  day  of 

18—,  to  the  present  time;  that  no  part  of  said  land  has  been  alienated,  except  as  provided  ia  section  2288  of  th« 
Revised  Sututes,  but  that  I  am  the  sole  bona  fide  owner  as  an  actual  settler ;  that  I  will  bear  true  allegiance  to 
the  Government  of  the  United  States  ;  and  further,  that  I  have  not  heretofore  perfected  or  abandoned  an  entry 
made  under  the  Homestead  Laws  of  the  United  States. 


I,  — —  • ,  of  the  land  office  at 

sworn  to  befon.  tue  this day  of  — 


,  do  hereby  certify  that  the  above  affidavit  was  subscribed  and 


18—. 


HOMESTEAD  PROOF. 
TBSTUfONV  OF  CLAIMANT. 

*'  ^V^  "CtJ  as  a  witneu  in  his  own  behalf  in  support  of  homestead  entry  No. 


-,fat 


,  testifies  «s  folTovrs  : 

Ques.  X.  What  is  yoar  iii»ia«— written  in  full  and  correctly  spelled— your  age,  and  post-office  address? 
Ans.  . 

Ques.  a.  Are  you  a  native  of  the  United  Sutes,  or  have  you  been  naturalized? 
Ans.  . 

gues.  3  When  «(;«*  your  hc«se  built  on  the  land,  and  when  did  you  establish  actual  residence  therein  ?  (De- 
icribe  said  house  and  other  improvements  which  you  have  placed  on  the  land,  giving  total  value  thereof  ) 

Ans. .  ■•'  ^ 

Ques.  4.  Of  whom  does  your  family  consist;  and  have  you  and  your  family  resided  continuously  on  the  land 
since  first  esublishing  residence  the^don?    (If  unmarried,  sute  the  fact.) 
Ans. . 

Ques.  5.  For  what  period  or  periods  have  you  been  absent  from  the  homestead  since  making  settlement  and 
for  what  purpose ;  aud  if  temporarily  jibsent,  did  your  family  reside  upon  and  cultivate  the  land  durine  'such 
absence?  * 

Ans.  — — . 

^ues.  6.  How  much  of  the  land  have  you  cultivated,  and  for  how  many  seasons  have  you  raised  crops  thereon? 

Ques.  7.  Are  there  any  indications  of  coal,  salines,  or  minerals  of  any  kind  on  the  land?  (If  so  describe  what 
they  are,  and  stote  whether  the  land  is  more  valuable  for  agricultural  than  for  mineral  purposes.) 

Ques.  8.  Have  you  ever  made  any  other  homestead  entry?    (If  so,  describe  the  same.) 

Ques.  9.  Have  you  sold,  conveyed,  or  mortgaged  any  portio»of  the  land;  and  if  so,  to  whom,  and  for  what 

Ans.  . 

I  KBKBBT  CKKTiFY  thai  the  foregoing  testimony  was  read  to  the  claimant  before  being  subscribed,  axid  vai 
sworn  to  before  me  this day  of  — ,  i88-* 


.  w 


86 


THE  AMERICAN  SETTLER'S  GUIDE. 


mu'Jerhoi;'iS.^tiig*S'b^"cSS  i  oaturaH^tio..     ,„  .  com. 

intention.     In  making  proof,  the  pa«rmust  sii^enH^r  ht   ^  '■        J  ^r   *  ""'^.^^d  copy  of  his  declaration  ol 

NoT..-The  office?£fore  whortK^^es   mryTs  uk^^^  of  its  loss. 

ngsectioliof  the  Revised  Statutes   and  sta  e  toTm  S/f«^^^^^^  '^*  *5't"';?"  ""^  ^«  *"»"ess  to  the  follow- 

hat  he  testifies  falsely,  to  proseSv'h"  m  S^Ve^uire^e'm  Vf  the^l^^^^    °^'^'  Government,  if  it  be  asceruined 

-.  _  .  TiTut  LXX.-CRIMES  -Cm.  4. 

caTe'in  Tck^jt  ^fTeVJJte'dS  a'tl'S^Jr^es^^n'oa'Sf^'J  L'T'^'r  ^J^"-!.  officer,  or  person,  in  any 

Umony  in  any  court  of  the  United^Sat^u^JS  S•ti:?e'i^t  j?J^:?;n^^i^^^^^^^^^     S>/ -^^J^'^  ^^ 


HOMESTEAD   PROOF. 
TSSTIMONT  OF  WITKSSS. 

-.  being  caUed  as  a  witness  in  support  of  the  Homestead  entry  of- 


-,  for  — — ,  testifies  as 


follows : 

An^'  ''  ^^*^  **  ^°"^  occupation,  and  where  is  your  residence? 

Ques.  a.  Have  you  been  well  acquainted  with tK-  ^i,:»     .   •      u- 

his  homestead  entry  No. f  '  *"*  "««"■«»»  «n  this  case,  erer  since  he  made 

Ans.  — — — . 

homestead  entry.)  ^         '        '  ^"^  '"*  ******  <*^  *  family,  and  whether  he  ever  made  a  former 

Ans. . 

Ans. .  ■' 

Ans. . 

tii?r^n /•  "'"  ""^  °'  ^'^  '°'"«^^*<^  ^»  '^^  -»^«  <^>tivated,  and  for  how  many  seasons  did  he  «ise  crop. 
Ans.  — — — . 

cg^;^:;:j--K^ta--^ 

Ques^_9jlas  the  claimant  mortgaged,  sold,  or  contracted  to  sell,  any  portion  of  said  homestead? 

pe&g°hi^StJ??  "'*'^*'^  •"  ^''  ^''^'^  •  -«*  *»°  y°"  '»»-k  the  settler  has  acted  in  entire  good  fiuth  i. 
Ans. . 

The  Receiver  will  thereupon,  if  the  proof  is  satisfactory,  issue  his  receipt,  as  follows  a  dupli- 
cate  being  sent  or  given  to  the  claimant :  *       ^ 

Final  Rbcbivbr's  Rhcbiit.  No.  —  «  .     Afplicatiom  No.  — . 

'  Rkckiver's  Officb. , 

Received  from —^—>   of  — — —  countv   — __  ♦k  e  (/Vr/f)  ig* 

payment  required  by  law  for  the  entry  of  imr^'f^ctio^—TT;  ,*'"*V** ^,^  *>*•"«  *«  hdance  01 

.ng -_  acres,  under  section  ..,^  oT^the  Revised  sSures";?!!;;  uS^Su^— '  °'  ""^ '  "°^-- 

.n7^  "'Tt^%^''^/^'"u  '"  '"^  '"'"'  *'  P'"^^  °^"y  ^  °^*^^  ^^^^^  thTTerT^ 't^r^per 
inhU  plLc'       '  "''  ""^  "^^  ^""^^^  """''  ^  "'"^^'"^  '"  '^'  P*P""  ^y  '^^  clerk  acting 

If  the  land  in  any  case  is  situated  in  an  unorganized  county,  the  statute  provides  that  the 
par^y  may  proceed  to  make  the  proof  in  the  manner  indicated  in  any  adjacent  county  in  the 
State  or  Temtory  The  fact  that  the  county  in  which  the  land  lies  is  unorganized,  and  that 
the  county  m  which  the  proof  is  made  is  adjacent  thereto,  must  be  certified  by  the  officer 

In  any  case  where  the  final  proof  shall  be  transmitted  to  the  Register  and  Receiver  a. 
contemplated  in  this  act,  and  the  full  amount  of  money  due  shall  be  paid,  they  will  carefully 
examme  the  proof,  and  if  any  objection  appears,  they  will  promptly  notify  the  party  and 
advise  him  of  his  rights  in  the  matter.  r       r  7  /  ^    17  ana 

In  cases  in  which  final  homestead  proof  is  made  before  the  judge,  or  in  his  absence  before 
Ae  clerk  of  a  court  of  record,  the  Register  and  Receiver  of  the  district  land  office  are  entitled 
to  the  same  fee  for  examining  and  approving  the  proof  so  made  as  if  the  proof  were  taken  and 


THE  AMERICAN  SETTLER'S   GUIDE. 


37 


reduced  to  writing  by  them,  for  the  claimants,  viz.,  fifteen  cents  per  hundred  words,  and  on 
the  Pacific  Coast,  twenty-two  and  one-half  cents  per  hundred  words(»). 

In  the  Act  of  Congress  of  March  3,  1877,  which  provides  that  final  proof  in  homestead 
entries  may  be  made  before  the  judge,  or,  in  his  absence,  before  the  clerk  of  any  court  of 
record  of  the  county  and  State,  or  district  and  Territory,  in  which  the  lands  are  situated ;  the 
terms  "in  his  absence,"  refer  to  the  absence  of  the  judge  from  the  county  seat  or  place  where 
the  court  for  the  county  is  held.  Where  the  clerk  takes  the  proof,  he  should  set  forth  in  his 
certificate  to  the  papers  that  the  case  was  such  as  to  authorize  him  to  do  so  under  the  act;  and* 
for  this,  it  will  be  sufficient  for  him  to  certify  that  the  proof  was  made  before  him  "  in  the 
absence  of  the^judge,"  using  the  language  of  the  statuteC*). 

County  courts  in  Florida  are  courts  of  redord,  and  the  judges  and  clerks  of  such  courts  are 
qualified  to  take  final  proof  in  homestead  cases('). 

ADJOINING  FARM   ENTRIES. 

The  proceedings  in  this  class  of  cases  are  the  same  as  in  other  homestead  entries.  It  is  not 
required  that  the  applicant  should  prove  actual  residence  on  the  separate  tract  entered ;  but  if 
he  docs  not,  it  must  appear  from  the  proof  adduced  (the  forms  previously  given  being  modified 
to  suit  the  circumstances  of  the  case),  that  he  has  continued  for  the  period  required  by  law  to 
reside  upon  and  cultivate  the  original  farm  tract,  making  use  of  the  entered  tract  as  a  part  of 
the  homestead. 


FINAL  AFFIDAVIT   REQUIRED  OF  ADJOINING  FARM   HOMESTEAD  CLAIMANTS. 


I. 

range  No. 


-,  having  made  a  homestead  entry  of  the 


section  No. ,  in  township  No. ,  of 


,  subject  to  entry  at ,  for  the  use  of  an  adjoining  farm  owned  and  occupied  by  me  on  the 

of  section  No. ,  in  township  No. ,  of  range  No. ,  under  section  2289  of  the  Revised  Statutes 

do  now  apply  to  perfect  my  claim  thereto  by  virtue  of  section  No.  3291  of  the  same,  and  for  that  purpose  do 
solemnly  that  I  am  a  citizen  of  the  United  States  ;  that  I  have  continued  to  own  and  occupy  the  land 

constituting  my  original  farm,  having  resided  thereon  since  the day  of ,  i8— ,  to  the  present  time 

and  have  made  use  of  the  said  entered  tract  as  a  part  of  my  homestead,  and  have  improved  the  same  in  the 

following  manner,  vis. :  .     That  no  part  of  said  land  has  been  alienated,  but  that  I  am  the  sole  6<ma 

fide  owner  as  an  actual  settler ;  that  I  will  bear  true  allegiance  to  the  Government  of  the  United  States ;  and 
further,  that  I  have  not  heretofore  perfected  or  abandoued  an  entry  under  the  homestead  laws.  '  ' 

,  do  hereby  certify  that  the  above  affidavit  was  taken  and  siib- 


I, ,  of  the  limd  office  at 

scribed  before  me  this day  of  — >— 


-,  18— i 


Where  it  is  shown  that  a  homestead  entry  was  made  for  the  use  of  an  adjoining  farm,  by  a 
party  who  owns  only  a  half  undivided  interest  in  an  original  farm,  such  homestead  entry  will 
be  passed  for  patenting  if  the  law  has  been  complied  with  in  other  respects(*). 

COMMUTATION  OF  HOMESTEAD  ENTRIES. 

If  the  homestead  settler  does  not  wish  to  remain  five  years  on  his  tract,  the  law  permits  him 
to  pay  for  it  with  cash,  or  warrants,  or  agricultural-college  scrip,  upon  making  proof  of  settle- 
ment and  cultivation  for  a  period  of  not  less  than  six  months  from  the  date  of  entry  to  the 
time  of  payment ;  or  payment  may  now  be  made  with  private-claim  scrip  under  the  act  of 
January  28,  1879. 

This  proof  of  actual  settlement  and  cultivation  must  be  the  affidavit  of  the  party,  made  in 
the  form  below,  in  addition  to  the  testimony  usual  in  making  final  homestead  proof,  with  a  few 
verbal  changes. 

Published  notice  as  usual  must  be  given  prior  to  taking  the  final  proof. 


AFFIDAVIT. 


I. 


^    -        —         — .  claiming  the  right  to  commute,  under  section  2301  of  the  Revised  Statutes  of  the  United 

States,  my  homestead  entry  No. ,  made  upon  the section ,  township         —,  range do 

solemnly  swear  that  I  made  settiement  upon  said  land  on  the day  of ,  18—,  and  that  since  such 

date,  to  wit :    on  the day  of ,  18—,  I  have  built  a  house  on  said  land,  and  have  continued  to  reside 

therein  up  to  the  present  time  ;  that  I  havf  broken  and  cultivated acres  of  said  land,  and  that  no  part  of 

said  land  has  been  alienated,  except  as  provided  in  section  3388  of  the  Revised  Sututes,  but  that  I  am  the  sole 
bona  fid*  owner  as  an  actual  setder. 


(•)  Instructions,  Land  Owner,  Vol.  4,  p.  i6a.    (*)  W.  S.  Search,  Land  Owner ^  Vol.  4,  p.  162. 
(•)lostntctioiis.  Land  Owner^  Vol.  4,  p.  179.    (d)  Douglas  Dummett,  Land  Owner,  Vol.  s,  p.  x8t. 


S8 


THE  AMERICAN  SETTLER'S  GUIDE. 


I  forther  swear  tliat  I  have  not  heretofore  perfected  or  abaqdoned  an  entry  made  under  the  homestead  laws  o( 
the  United  States. 


Subscribed  and  sworn  to  before  me  this 


day  of- 


Land  Ofpicb 


[May  now  be  made  before  clerk  of  court.] 

-,  Register. 


Any  person  should  be  allowed  to  commute  who,  at  the  time  application  to  commute  it 
made,  is  the  proper  party  entitled  to  make  final  proof  at  the  right  time,  provided  the  claim  so 
•  far  as  it  has  progressed  is  valid(*). 

After  a  homestead  has  been  relinquished  in  part,  the  balance  may  be  commuted(*). 

Where  a  party  commutes  his  homestead  to  cash,  his  rights  under  the  pre-emption  law  are 
not  affected,  i.  f.,  he  may,  if  qualified,  make  an  entry  under  the  pre-emption  law(»). 

WHO  SHALL  MAKE  FINAL  PROOF. 

As  many  cases  arise  wherein  it  is  difficult  to  decide  who  shall  make  the  final  proof,  the  fol- 
lowing rulings  of  the  Land  Department  are  appended : 

In  case  of  death  of  an  unmarried  homestead  settler  prior  to  expiration  of  the  five  years, 
his  heiis  or  devisee  may  commute  or  continue  cultivation  and  settlement. 

If  death  occurred  after  the  expiration  of  the  five  years,  the  heirs  or  devisee  may  at  once 
make  prooi. 

In  these  cases  patent  would  issue  in  the  name  of  "  the  heirs  "  of  deceased,  or  in  the  name 
of  his  devts»ee(*). 

A  deserted  wife  cannot  contest  her  husband's  entry  for  abandonment  while  the  marriage 
remains  legally  va]id(«).  A  married  woman  can  become  entitled  to  credit  on  a  homestead  for 
her  husband's  military  services  during  the  late  war. 

Where  a  deceased  homestead  claimant  left  a  wife  from  whom  he  had  been  separated  by 
written  articles  of  agreement,  such  widow  is  the  proper  party  to  make  final  proof,  notwith- 
standing  the  fact  that  the  deceased  claimant  willed  all  his  estate,  both  real  and  personal,  to 
his  brother('). 

Where  a  patent,  erroneously  issued  to  a  deceased  person,  has  been  recorded  in  the  county 
records,  the  legal  representatives  must  release  all  their  right  and  title  to  the  land  before  the 
General  Land  Office  can  issue  another  patent  in  the  name  of  the  widow(«). 

Aliens  who  have  not  declared  their  intentions  to  become  citizens  of  the  United  States  can- 
not, as  heirs,  perfect  title  to  homesteadsC*). 

The  General  Land  Office  can  recognize  a  nuncupative  will  only  after  it  has  been  duly  pro- 
bated and  accepted  by  the  proper  court(*). 

In  case  the  homestead  party  died,  and  his  widow  was  convicted  of  his  murder  by  poison, 
for  which  she  is  now  imprisoned  in  the  penitentiary,  pursuant  to  law,  although  under  a  death 
sentence,  the  administrator  of  the  deceased  party  should  make  the  final  proof,  and  the  patent 
be  issued  in  the  name  of  his  minor  children(i). 

Where  a  homesteader  is  prevented  from  making  final  proof  by  reason  of  being  confined  in 
the  penitentiary,  a  legally  appointed  person  may  make  such  proof,  and  if  found  satisfactory, 
the  patent  will  issue  in  the  name  of  the  party  so  deprived  of  his  libcrty(*). 

A  woman  divorced  from  her  husband  is  legally  dead,  and  if  there  was  an  infant  living  when 
the  homesteader  died,  the  right  shall  inure  for  the  child's  benefit,  notwithstanding  a  will  devis- 
ing the  land  to  the  claimant's  mother,  who  resides  thereon('). 

A  Receiver  of  a  land  office  is  entitled  to  make  final  proof  on  a  homestead  entry  made  by 
him  prior  to  his  appointment. 

A  Receiver  of  a  land  office,  who  has  made  final  proof  upon  a  homestead  entry  made  by 

f»)  Tohn  Dillon,  Copp's  Public  Land  Laws,  p.  245.     0>)  John  L.  Gr.-»y,  Land  Oitmer,  Vol.  6,  p.  153. 

(•)  Instructions   Land  Chvner,  Vol.  3.  p.  70.  \*\  A.  F.  Hubbell,  Copp's  Public  Land  Uws,  p.  246. 

f«)  Keziah  Card,  Land  Oitmer,  Vol.  2,  p.  50.  (»)  John  Rhoades,  Land  Chvner,  Vol.  5,  p.  1x7. 

>f<  Andrew  Tohanncsen,  Land  Ovmer,  Vol.  4,  p,  108.    (k)  J.  U.  Sprcngcr,  Land  Otvner,  Vol.  r.  p.  57. 

ii>  S''"^V^,  Lampson,  Z««i/  Owner. Vol.  3.  p.  178.   P)  Land  Office  Instructions,  Land  Owner,  \o\.  5.  p.  170. 

(k)  E.  Strickland.  Land  Owner,  Vol.  a,  p.  82.  (i)  G.  W.  Law.  Land  Owner,  Vol.  6,  p.  190.      "  "^     ** 


THE  AMERICAN  SETTLER'S  GUIDE. 


89 


him  prior  to  his  appomtment  as  Receiver,  may  make  an  additional  entry  under  the  provisions 

'''Ki:^^'i^'S>^lolSni  of  an  additional  entry  made  under  the  act  of  June  8,  1872,  will 

not  be  entertained  (lb).  ,  ,         1.  • 

The  possession  of  an  executor  or  administrator  is,  under  the  homestead  law,  the  possession 
of  the  heirs  or  devisee,  subject  to  the  right  of  administration  vested  in  the  officer,  and  time 
allowed  by  the  court  for  the  settlement  of  the  estate  must  be  counted  for  the  heirs  or  devisee 

in  making  final  proofs*).  . 

Mary  Latt  made  a  homestead  entry,  then  married  J.  M.  Johnson  and  died,  leaving  no  heirs 
except  Johnson.  He  was  allowed  to  make  final  proof,  and  patent  issued  in  name  of  Mary 
Johnson,  formerly  Mary  Latt(«). 

The  granting  of  letters  of  administration  will  be  regarded  as  sufficient  evidence  of  death. 
Unexplained  absence  for  two  months  is  not  sufficient  evidence  of  death  to  warrant  issue  of 
patent  to  the  heirs(*). 

e.   ABANDONMENT. 

At  any  time  after  six  months  from  entry  and  before  the  expir^ion  of  the  required  five  vears  . 
of  residence,  if  it  is  proved  to  the  satisfaction  of  the  Land  Department  that  the  settler  has 
changed  his  residence  or  abandoned  the  land  embraced  in  his  entry  for  more  than  six  months 
at  any  time,  such  entry  wul  be  canceled  and  the  land  revert  to  the  government.  A  home- 
stead claimant  elected  to  a  public  office  which  compels  him  to  leave  his  land  to  discharge  Us 
duties,  is  not  considered  as  changing  his  residence  or  abandoning  his  land,  if  he  keeps  up  his 
improvements  and  the  circumstances  show  his  good  faith  in  maintaining  his  residence. 
Abandonment  or  change  of  residence  is  a  usual  cause  for  which  a  homestead  entry  can  be 
attacked  prior  to  the  end  of  the  required  five  years  of  residence  and  cultivation(«). 

Where  application  is  made  to  contest  a  homestead  entry  on  the  ground  of  abandonment, 
the  party  must  file  his  affidavit  with  the  district  land  officers,  setting  forth  the  facts  on  which 
his  application  is  founded,  describing  the  tract,  and  giving  the  name  of  the  settler. 

Upon  this  the  officers  will  set  apart  a  day  for  a  hearing,  giving  all  the  parties  in  interest 
due  notice  of  the  time  and  place  of  trial. 

Personal  notice  must  be  served  by  a  disinterested  party,  and  a  copy  must  be  filed,  with  an 
affidavit  that  the  notice  has  been  legally  served('). 

In  casQS  of  inability  to  make  personal  service  of  the  notice,  and  when  it  becomes  necessary 
to  serve  it  by  publication,  it  must  be  printed  in  some  newspaper  printed  in  the  county  where 
the  land  in  contest  lies;  and  if  no  newspaper  is  printed  in  such  county,  then  in  the  news- 
paper printed  in  the  county  nearest  to  the  land. 

At  least  two  witnesses  are  required  to  prove  abandonment  and  their  testimony  must  be 

clear  and  positiveC). 

The  expenses  incident  to  such  a  contest  must  be  defrayed  by  the  contestant,  and  no  entry 
of  the  land  can  be  made  until  the  district  officers  have  received  notice  from  the  General  Land 
Office  of  the  cancellation  of  the  contested  entiy ;  and  now  an  informant  obtains  privileges. 
Every  other  person  must,  if  he  desires  the  land,  ascertain  by  proper  diligence  when  notice  of 
cancellation  is  received  by  the  Register  and  Receiver,  and  then  make  formal  written  application 
for  the  tract;  the  land,  after  reception  by  these  officers  of  notice  of  cancellation,  being  always 
open  to  the  Jirst  legal  applicant,  unless  withdrawn  from  entry  by  competent  authority.  The 
preference  right  of  a  contestant  is  recognized  by  act  of  May  14,  1880.  


(.)  White  vs.  Laffcry,  Land  Owner,  Vol.  i,  p.  114.        i^)  Poi^^mc  vs.  Towers,  Land  C^^' ^ol.  2,  p. 
(.)  Mary  Latt,  Land  Owner,  Vol.  4,  P-  103.  (')  A.  Seidensticker,  Land  Owner,  Vol.  8,  p.  BS- 

(•)  Snyder  vs.  Abbott,  Copp  s  Public  Land  Laws,  p.  258. 
M  Gen<^ral  Land  Office  Instructions.     Copp's  Public  Land  Laws,  p.  249. 


i^t. 


40 


THE  AMERICAN   SETTLER'S  GUIDE. 

AFFIDAVIT  TO  BK   FILED   BEFORE  CONTEST. 


U.*S.  Land  Offick,"! 

^-     >-Pbrsonaij.y  appeared  before  me 
»  'g— )     of  the  Land  Office, 

toct  of  Uad  <^h7:^in2Tloi%%ad^^o("!^'!l^  *So  "^^  =  That  he  u  weU  acquainted  with  th. 

knows  the  present  condition  of  the  same ;  also  that  the  said  -—iZZ'h^  \~T, '.l  '^'  "i and 

changed  h.s  residence  therefrom  for  mori  th^sfx  monthl  since  making  ^  ^.r^"^  abandoned  said  tract,  and 
herein;  that  said  tract  is  not  settled  uiwn  ^dcultiva fin  kI?!!^*  ^^'^  entry  and  next  pnor  to  the  date 
contestant  is  ready  to  prove  at  s^StimHSd  place  imlt^^^^  by  law-and  this  thes^ 

«  said  case  ;  and  he  therefore  asks  to  be  Xwed  to  nr^ve  saiH^^i^y.  '^  ^T'u"  *°^  Receiver  for  a  hearing 
•— -,  may  be  declared  canceled  and  forf^ifed  to  the  iFnTtS  S^«  Ti'X'  *'?^  '*'*'  "''^  homestead  entry.  No. 
of  sach  hearing.  "*  united  btatcs— he,  the  said  contestant,  paying  the  exp4nses 


Sworn  to  and  subscribed  this  day  and  year  above  written  before 

* 
TESTIMOKTY  IN   CASES  OP  ABANDONMENT. 


-,  RtfisUr. 
-,  ReceivtT. 


U.  S.  Land  Officb,") 

>  Testimony  in  case  of 


f      —  —**  •  aOTAX^A^  ■     AAA    WtfU 

■»  >8 — , )      Contestant,  vs. 


contested. 


Homestead  Entry  No. ,  ^_^ 

,    .        .  ,  (Date.)      '       (Description.) 

The  present  residence  of  the  said is  . 

Sworn  and  subscribed  before  me  thU day  of ,  ,8«. 


-,  State  of 
— ,  entered 
has  not  cleared. 


Also  appeared  at  the  same  time  and  place 


-,  Register, 
',  Receiver. 


—f* ~— —  —  w.iw  ixiiui^  wiuc  axju    place  ■^^.•^——1^^  ann  ^ v        v    •  ^    1 

iay :     That  they  reside  in  the  immediate  vicinitv  of  th..  «fX«.n7rT T"'  7?°'  °**?*  ""'^  sworn,  depose  and 

that  thev  are  also  acquainted  with  the  faSs  i^t^o^  in  the^^ldT,  i  ^"^  ''"^  ^"^  ^°°^'^'°"  ^^  the  same ; 
personaf  observation  that  the  sUtementTtherein  Sade  i«  ^^^     tesumony  of .  and  know  from 

Sworn  and  subscribed  before  me  this day  of x8— , 

"-— ~ -,  Register. 

"~~^ « Receiver, 

RULINGS. 

Where  a  homestead  party  h«i  been  duly  notified  and  makes  default,  affidavits  showing  his 
abandonment  ma,  be  taken  before  any  officer  authorized  to  administer  Uths.  and  wiuT^c^ 
•idered  in  deciding  the  case(»). 

Cont«t  for  abandonment  may  be  instituted  apunst  the  entry  of  a  deceased  homestead 
ttTctli)  ""  ""''  "'  '""'""  occurred^more  than  six  m„„rs^j 

lied 'cTnt'^r'?.^  '°  n""T"!  '"^■"^°"°'"«  '»  ««  of  deceased  homestead  claimanU.  a  certi- 
fied copy  of  the  wUI  and  other  matters  connected  therewith  may  be  introducedC). 

The  heirs  or  dev^es  of  a  deceased  homestead  claimant  cannot  be  held  responsible  for  the 

feilure  of  a  public  officer  to  administer  upon  the  estate.    The  statute  does  not  run  against  the 

heirs  duri^  the  time  which  elapses  afier  the  death  of  the  claimant  before  the  date  the  admin- 

suator  takes  charge  of  the  estate,  providing  the  heirs  are  without  notice  of  their  rights,  and 

the  estate  is  admimstered  upon  within  seven  yearsC). 

An  abandoned  wife  is  regarded  as  the  head  of  a  family,  and  her  rights  wUl  receive  due 

her  absent  husband,  the  entry  cannot  be  cancelled  for  abandonmentC) 

^A^party.  subsequent  to  entry,  contracted  to  convey  the  tract  to  a'nother  after  receiving 

the1^«e  of^rlulT'^'f"";"'^'  "l""  ■""'"""  ""  '»''"  «""«  ">"  ""not.  under 

tLTfZl  T      '.  '^  '*'"'''  *•  ■='*'■"""'  ">"  "«  f«''  ''o  ■«>'  show  an  .lien. 

tton  of  the  land ;  and  as  an  entry  cannot  be  attacked  by  .  stranger  in  interest  except  upon 

(•)  Instructions,  LanJ  Oitmer.  Vol  6  n   ie»  (hwu   u   u      '•      Z       7Z. " 

,.,D.™..„,.To_.Z.^'^Vvr,.p.,.,    '^I^J^T^r^^-ZjrVoi  .  ,  ^ 
f )  Thompson  vs.  Anderson,  Lami  Owner,  Vol.  6,  p.  1,5.  '  ^^'^'  ^°*-  *'  ^'  ^ 


41 


THE  AMERI(1A.N  SETTLER'S  GUIDE. 


41 


charge  of  alnuuhnment  or  change  of  residence,  the  party  should  be  allowed  to  perfect  his 
claim  (*). 

Upon  proper  evidence  of  a  homestead  claimant's  insanity  being  presented,  his  homestead 
entry  will  not  be  contested  on  ground  of  abandonment.  A  guardian  in  such  cases  should  be 
appointed  by  the  proper  court,  who  will,  on  presenting  acceptable  final  proof,  receive  patent 
in  name  of  the  insane  claimantC*). 

Where  a  homestead  claimant  whose  entry  is  sought  to  be  canceled  for  abandonment,  is  in 
the  penitentiary  under  sentence  of  imprisonment  for  a  term  of  years,  notice  of  contest  must  be 
served  personally  upon  the  claimant(°) . 

Where  the  evidence  in  a  contest  for  abandonment  shows  that  the  homestead  claimant  is  a 
poor  man,  that  he  was  residing  upon  the  land  at  date  of  trial,  but  had  been  unable  to  make 
his  residence  thereon  within  six  months  after  entry  at  the  land  office,  or  to  improve  the  land 
to  any  great  extent,  such  contest  will  be  dismissed  in  view  of  the  good  faith  of  the  claimant, 
and  when  final  proof  is  made  it  will  be  submitted  to  the  Board  of  Equitable  Adjudication(*). 

The  decision  of  the  Commissioner  of  the  General  Land  Office,  in  a  contest  from  which 
no  appeal  wis  taken,  becomes  final  between  the  parties  as  to  all  the  matters  arising  before  the 
trial(*). 

The  attacking  party  has  a  right  to  contest  an  entry  in  a  new  proceeding  for  abandonment 
0%  change  of  residence  subsequent  to  the  date  of  the  former  trials(t^j. 

No  other  questions  than  those  of  abandonment  or  change  of  residence  can  in  any  case  be 
considered(f^). 

A  contestant  who  has  been  twice  defeated  should  be  held  to  a  strict  statement  of  his 
claim(»^).  %-.. 

A  statement  that  the  homestead  party  (who  is  a  widow),  does  not  occupy  the  land  claimed 
as  a  homestead,  but  that  the  same  is  occupied  and  used  by  her  son  (who  is  a  married  man)» 
and  who  has  the  sole  and  undisputed  control  of  the  same,  is  held  insufficient  to  warrant  the 
canceling  of  her  entry  (»^). 

/.    RELINQUISHMENT. 

A  party  may  relinquish  his  claim,  but  on  his  doing  so,  the  land  reverts  to  the  government. 
The  party  so  desiring  should  surrender  to  the  Register  and  Receiver  of  the  proper  land  dis- 
trict the  duplicate  receipt  issued  for  the  entry,  with  his  written  relinquishment  of  the  same 
indorsed  thereon. 

If  the  duplicate  receipt  has  been  lost,  he  should  submit  to  those  officers  a  written  relinquish- 
ment of  the  entry,  in  which  he  should  state  the  fact  of  the  loss  of  the  duplicate  receipt,  and 
which  should  be  duly  signed  and  acknowledged  before  the  Register  or  Receiver,  or  some 
officer  authorized  to  take  acknowledgments.     (See  act  of  NTay  14,  1880,  following.) 

As  the  law  allows  but  one  homestead  privilege,  a  settler  relinquishing  or  abandoning  his 
claim  cannot  thereafter  make  a  second  entry ; .  but  where  an  entry  is  canceled  as  invalid  for 
some  reason  other  than  abandonment,  and  not  the  willful  act  of  the  party,  he  is  not  thereby 
debarred  from  entering  again,  if  in  other  respects  entitled,  and  may  be  allowed  credit  for  fees 
and  commis-sions  already  paid,  on  a  new  homestead  entry. 

The  relinquishment  of  a  homestead  entry  must  be  the  free  and  voluntary  act  of  the 
claimant('). 

Where  a  patent  erroneouslv  issued  to  a  deceased  person,  has  been  recorded  in  the  county 
records,  the  legal  representatives  must  release  all  their  right  and  title  to  the  land  before  the 
Genefal  Land  Office  can  issue  another  patent  in  the  name  of  the  widow(«). 

A  person  making  a  homestead  entry  cannot  be  allowed  to  relinquish  it  and  make  another, 
because  he  found  the  land  different  from  what  he  expected(*). 

(•)  Beasore  vs.  Whitehead,  Land  Owner,  Vol.  a,  p.  83. 

(k)  George  Homick,  Copp's  Public  Land  Laws,  p.  253. 

(•)AIex.  McKivcr,  Land  Owner,  Vol.  a,  p.  148.  (*)  Weber  vs.  Gouriey,  La$ut  Owner,  Vol.  3,  p.  19* 

(•)  Jones  vs.  Roberts,  Copp's  Public  Land  Laws,  p.  351. 

(')  Hanson  vs.  Geiger.  Land  Owner,  Vol.  4,  p.  146.        (S)  Andrew  Johannesen,  Land  Owner,  VoL  4,  p,  Ki8k 

(k)  John  Nunan,  Land  Owner,  Vol,  i,  p.  34. 


H 


« 


THE  AMERICAN  SETTLER'S  GUIDE. 


Should  ,,  appear  upon  a  proper  showing  ,h„  swamp  land  to  which  a  State  U  enUUed  ha. 
been  embraced  m  a  homestead  entry,  said  ento-  will  be  canceled,  and  the  party  may  mZ 
M>olher  entry,  with  the  first  payments  to  his  credit(.V>).  "">«  party  may  make 

An  administrator  or  guardian  cannot  relinquish  the  homestead  entry  of  a  deceased  person 
•itbout  authority  from  the  Probate  Court(').    .  "eceasea  person 

nJl\t^T"'"'V^'^"  •'""'  °'^  P*"^  "''°  ""*''  '"'^«»'«  ^°"W  »ot  be  allowed  to  relin- 

The  following  instructions  were  issued  by  the  General  Land  Office,  relatiye  to  deceased 
cl^umants  whose  representatiyes  desired  to  relinquish  the  unperfected  11,^^ 

n  case  of  George  H.  Hudson,  reported  in  Copp-s  Land  Owner,  Vol.  2.  p.  99,  ,he  deceased 
left  no  wtdow,  nor  any  children;  he  died  testate,  naming  William  H.  Hud^'  hi!e~ 
and  one  Manr  Emily  Hudson,  an  unmarried  woman  0?  full  age.  his  sole  legate  a^d  »; 
ongmal  duphcate  receipt  cannot  be  found.  '=gaiee.  ana  tne 

The  cancellation  desired  will  be  made  upon  the  written  relinquishment  of  the  leeatee 

whKh  should  descr.be  the  land  by  its  proper  numbers,  and  specify  date  and  nu^U, Xe 

ntry,)  accompanied  by  an  affidayit  which  may  be  made  either  by  the  legatee  or  t^e  «ecutor 

setting  forth  the  loss  of  the  duplicate  Receiyer-s  receipt  e=t«utor, 

Proof  must  accompany  the  relinquishment  establishing  the  fact  that  Hudson,  the  dece.«»L 

left  no  wtdow  or  mtnor  children,  and  that  Mary  Emily  Hudson  U  the  sole  legale  a"d^ 

identical  person  named  in  the  will.  '=gatee.  ana  the 

.  cou™:oXwrth^r:r^rnd^:'^^^^^^^^ 

.to  the  identity  of  the  person  of  the  legatee,  and^thf  fa^  t^t'I^r rirrje":; 
If  the  record,  of  the  Probate  Court  do  not  eyidence  the  identity  of  the  legatee  or  the  fact 

In  le  oft tn'^  1 '""  '*"  ""■"""  *'"'  """^  ""■=  ~Sni.ance  of  the  ffcL 

In  case  of  Achi lie  Sayoie,  reported  in  Copp's  ZW  Owner.  Vol.  4,  p.  5.  ,he  pacer,  sent 

deceased,    and  the  loss  of  the  duplicate  homestead  receipt 

oUtl^^' '"  "'  '"'°"'""  ""^  '""'  '-  ""^  '"'■"«'''«'  "'«'>-''  that  he  was  "  the  head 

If  he  left  a  widow,  a  relinquishment  to  be  accepted  must  be  executed  by  her 

by  4e  T"  ■      !  ""  "''*°"'  *""  ''"  ""  '"'*"'  '*'"''  "  '•■'"«"• ""«  '-T  niay  be  relinquish^ 
by  the  admmistrator,  executor  or  guardian  fy  order  of, he  ProbaU  Court  haling  iu2dM^ 

"mtfbrih  tr  "^  '""'^  '"^^  *"  "°  ""'-  -  '=^''  "-^  ^-^  "-'  '''"^^'^^-i 

If  he  left  no  widow  or  infant  child,  the  relinquishment  may  be  made  by  the  party  or  parties 

recognized  by  the  ocal  court  as  the  sole  and  only  legal  representatiye  or  repreltauCo^ 

the  relinquishment  duly  executed(«).  w«"ucu  i%iia 

II.   Soldiers'  and  Sailors'  Homesteads. 

a.   ORIGINAL   ENTRIES. 

,^'  ^"T"^  Statutes  of  the  United  States  granting  homesteads  to  soldiers  and  sailor,  their 
widows  and  orphan  children,  are  the  following :  ' 

J^°'^  '^°?"  ^"''^  *""""  "''""  ""•'  °'^'"  *'«'  h"  «"«d  i»  'he  Army  of  the  United 

rL    '1  f '  r""l  "'""°°'  ""  "'""^  "'"^^'  "•"  *"»  ""  honorably  disch^ed  II 
■as  remained  loyal  to  the  goyemment,  including  the  Uoops  mustered  into  L  .ery^  of  Ae 

(•)  Susan  W.  Carter,  LamJ  (hmier.  Vol.  a,  p.  99.  ~  ""^ " 

WGeneralLandOfficelnstruciions.  Z««^(?tw.rr,  Vol   5  p    16- 

WSec  Cinthya  Gibson,  Za«^  ^...  Vo,.  3,  p.  „,,  ^  gu^an  ^    ^.^^  ^^  ^^^^  ^^^  ^^  ^  ^ 


THE   AMERICAN  SETTLER'S   GUIDE. 


43 


United  States  t^  virtue  of  the  third  section  of  an  act  approved  February  thirteen,  eighteen 
hundred  and  sixty-lwo,  and  every  seaman,  marine,  and  officer  who  has  served  in  the  Navy  of 
the  United  States,  or  in  the  Marine  Corps,  during  the  rebellion,  for  ninety  days,  and  who  was 
honorably  discharged,  and  has  remained  loyal  to  the  government,  shall,  on  compliance  with 
the  provisions  of  this  chapter,  as  hereinafter  modified,  be  entitled  to  enter  upon  and  receive 
patent  for  a  quantity  of  public  lands  not  exceeding  one  hundred  and  sixty  acres,  or  one 
quarter-section,  to  be  taken  in  compact  form,  according  to  legal  subdivisions,  including  the 
alternate  reserved  sections  of  public  land  along  the  line  of  any  raUroad  or  other  public  work* 
not  otherwise  reserved  or  appropriated,  and  other  lands  subject  to  entry  under  the  Homestead 
Laws  of  the  United  States;  but  such  homestead  settler  shall  be  allowed  six  months  aftei 
locating  his  homestead,  and  filing  his  declaratory  statement,  within  which  to  make  his  entry 
and  commence  his  settlement  and  improvement. 

Section  2305.  The  time  which  Uie  homestead  settler  has  served  in  the  Army,  Navy,  01 
Marine  Corps,  shall  be  deducted  from  the  time  heretofore  required  to  perfect  tide;  or  if  dis- 
charged  on  account  of  wounds  received  or  disability  incurred  in  the  line  of  duty,  then  the 
term  of  enlistment  shall  be  deducted  from  the  time  heretofore  required  to  perfect  titie,  without 
reference  to  the  length  of  time  he  may  have  served;  but  no  patent  shall  issue  to  any  home- 
stead settier  who  has  not  resided  upon,  improved,  and  cultivated  his  homestead  for  a  period 
of  at  least  one  year  after  he  shall  have  commenced  his  improvements.  , 

Section  2307.  In  case  of  the  death  of  any  person  who  would  be  entitled  to  a  homestead 
under  the  provisions  of  section  twenty-three  hundred  and  four,  his  widow,  if  unmarried,  or  in 
case  of  her  death  or  marriage,  then  his  minor  orphan  children,  by  a  guardian  duly  appointed 
and  officially  accredited  at  the  Department  of  the  Interior,  shall  be  entitied  to  all  the  benefits 
enumerated  in  this  chapter,  subject  to  all  the  provisions  as  to  settlement  and  improvement 
therein  contained  ;  but  if  such  person  died  during  his  term  of  enlistment,  the  whole  term  of 
his  enlistment  shall  be  deducted  from  tiie  time  heretofore  required  to  perfect  the  tide. 

The  advantages  this  law  presents  over  the  general  homestead  law  are:  i.  The  privilege  of 
filing  a  declaration  with  the  Register  and  Receiver,  which  will  hold  a  tract,  selected  in  person 
or  by  an  agent,  for  six  months  without  entry,  residence  or  cultivation.  2.  The  right  of  mak- 
ing final  proof  before  the  end  of  the  usual  five  years.  Except  where  the  claimant  wishes  to 
sell  his  land,  the  latter  privilege  is  a  disadvantage,  because  as  soon  as  title  passes  from  the 
United  States  to  an  individual,  the  real  estate  becomes  subject  to  taxation.  Soldiers  and  sailors 
will  observe  the  important  requirement  of  at  least  pne  year's  actual  bona  fide  residence  and 
culHvation  of  the  homestead,  and  not  be  deceived  by  parties  who  solicit  the  business  of  locat- 
ing homesteads  in  tiieir  names  at  considerable  expense,  when  there  is  no  prospect  of  settling 
upon  the  land  selected. 

HOW  TO   PROCEED.    . 

The  following  proof  will  be  required  of  parties  applying  for  the  benefits  of  sections  2304, 
2305,  and  2307,  in  addition  to  the  prescribed  affidavit  of  the  applicant  given  below. 

1.  Certified  copy  of  certificate  of  discharge,  showing  when  the  party  enlisted  and  when  he 
was  discharged ;  or  the  affidavit  of  two  respectable,  disinterested  witnesses,  corroborative  of 
the  allegations  contained  in  the  prescribed  affidavit,  on  these  points,  or,  if  neither  can  be  pro- 
cured, the  party's  affidavit  to  that  effect. 

2.  In  case  of  widows,  the  prescribed  evidence  of  military  service  of  the  husband,  as  above, 
with  affidavit  of  widowhood,  giving  the  date  of  the  husband's  death. 

3.  In  case  of  minor  orphan  children,  in  addition  to  the  prescribed  evidence  of  military 
service  of  the  father,  proof  of  death  or  marriage  of  the  mother.  Evidence  of  death  may  be 
the  testimony  of  two  witnesses,  or  certificate  of  a  physician  duly  attested.     Evidence  of  mar- 

lage  may  be  a  certified  copy  of  marriage  certificate,  or  of  the  record  of  same,  or  testimony  of 
wo  witnesses  to  the  marriage  ceremony. 

•  The  Register  and  Receiver  will  be  allowed  to  charge  one  dollar  each  for  receiving  and 
filing  the  initiatory  declaration  of  the  parties  in  cases  where  such  declarations  are  filed.     One 


u 


THE  AMERICAN  SETTLER'S  GUIDE. 


dollar  and  6fty  cen«  each  will  be  charged  by  Registers  «,d  Receiver  in  California,  ete    „ 
shown  in  a  previous  table  of  fees  and  commUsions.  v^'ionua.  etc,  u 

On  the  party  producing  the  proper  proof  as  above,  immediate  entnr  of  the  tract  desi«d 

v^non      Thereafter,  at  any  ume  within  six  months  from  the  date  of  filing,  the  party  !» 

from  the  pnnc.pal  must  be  presented,  who  wUl  be  bound  by  the  selection  his^gent  may  mX 
the  s«.e  as  though  made  by  himself.  Where  the  party  has  failed  to  makeX  wl" tu 
months  ftom  the  date  of  filing,  he  is  not  thereby  debarred  from  making  en^of  ^t  trie" 

tw       ;r     '  '"""  "'''"*  '^'"  *""  """«»«di  »»<i  if  so,  he  may  enfer  some  other  S« 
that  IS  still  vacant.     He  cannot  file  a  second  declaration.  some  otfter  tract 

ah!^,'  "m  °"  "^  "'"'"?»■«»  »'''°'-  "Than  children  may  be  initiated  by  declaration  as 
above.  Minor  orphan  children  can  act  only  by  their  duly  appointed  guardils.  who  mrfik 
certified  copies  of  the  powers  of  guardianship.  The  law  d^s  no.  r^^uire^^  a  »ndutn  L 
enjoying  its  benefits,  that  the  party  should  first  Me  a  declaratory  staLema^dLwo^ 
Mated,  immediate  entiy  may  be  made. 
The  form^  used  in  these  entries  are  as  follows  : 


No. 


DECLARATION. 


Land  Omca  at 
(Dolt) 


widows  and  orphans,  the of  sS'ti^  ^*  of  To^^hiV—  oP^L^'^  ''^^'^^'*  '^^  ""»".  ^^ 

further  declare  that  I  take  the  .aid  tract  of  Und  ^oS^'^eT^elt  ^TciH^v^Sit  1^^^^^^ 


Per 


;  hi*  Attomty  in/met. 


APPLICATION. 


I, 


Land  Omcs  at 
(.Date) 


0iZi^:^:Z:^^A'^^*"^^^l  ««ion  .304  of  .h.  Revised  Sun.  Ji!?^i'.lJ— JJ ^^A 


,  ^' :. •  Register  of  the  land  office  at 

above  apphcation  at  this  office  on  the day  of  - 

and  commissions  prescribed  by  law. 


— ,  do  hereby  certify  that «i«^  »v. 

.,  and  that  be  has  taken  the  oath  and  paid  S  i^ 


;  R*iuUr. 


No. 


AFFIDAVIT. 


I. 


Land  Officb  at 

{Date) 


^•.•'        .r  u    TT  ."'  °/,: '  <^°  solemnly  swear  that  I  am  a «#•  .k  (^f'') ,  ffcl-. 

atizen  of  the  Umted  States;  that  I  served  for  nin«y  daJTin  comnanJ  *  ^^"^  °^  twenty-one  vears.  and  a 

unteers;   that  I  was  mustered  into  the  United  sJt^f^.^ii?.f^^ Z' «K"nent,  United  Sutes  vol- 

honorably  discharged  therefrom  on  the  _  day  of  ^!!!L°':^?i!7V"K  "^"^  —  ^t'f  ""^ 1 '  »nd  wi 

Government ;  and  that  I  have  made  my  application  No  l'  ^JltL  ,  »  "'/'J^*  borne  true  allegiance  to  the 

Revised  Sututes  of  the  United  States/giving  honLv^arfT^' k  ^l^  *!:?«=*  o<^  '^n^  under  section  2304  of  the 
widows  and  orphan  chUdren;  that  I  hiJ^^^de  SoifrcaSon TJ^^'^r'^fK  ^^^'S^*^  u*°''*i«"  *"d  "•'«".  ^^r 
for  the  purpose  of  actual  settlement  and  cSfivation  Sd  foj  mJ  ^^^.^^  '  *"^  '^*V  ^  '^''«  "'^  ^^omestead 
and  benefit  of  no  other  person  or  persons  whoms^ve?^  an/fh  Jt  l^  exclusive  use  and  benefit,  and  for  the  use 
of  land  under  the  hom«tead  U^,  or  voluntSih^reHnn.?Uh^^  *k ^  ^°'  heretofore  acquired  a  title  to  a  tiaS 
said  laws :  So  kdp  me  God.  voluntarily  relinquished  or  abandoned  an  entry  heretofore  made  under 


of 


Sworn  to  and  subscribed  before  me 


-,  Register  of  th*  land  office  at 


— ,  this day 

— ,  RtgUttr, 


RULINGS. 
Soldiers'  homestead  declaraUons  must  be  rejected  when  received  by  maU(»). 


(•)  Eugene  MitcheU.  Land  Chvner,  Vol.  3.  p.  164. 


M  Instiuaions,  Lm»d  Ovmtr,  Vol.  i,  p.  »a. 


THE  AMERICAN   SETTLER'S   GUIDE. 


45 


A  party  appointed  by  the  applicant  as  his  attorney  to  select  land  under  the  soldiers'  home- 
stead law,  may  substitute  and  appoint  another  person  to  act  for  him  and  make  such  selec- 

tion(*). 

Parties  who  file  their  declarations  for  lands  appropriated  by  actual  entries  may  file  a  second 
time.  Parties  filing  for  lands  not  entered,  but  embraced  in  the  valid  adverse  claim  of  another, 
do  so  at  their  own  risk,  and  are  held  to  have  exhausted  their  right  to  file,  although,  upon 
.proof  of  their  good  faith  and  ignorance  of  the  existence  of  the  adverse  claim,  they  may  make 
actual  entryi^). 

Where  two  parties  apply  simultaneously  to  file  under  Section  2309,  R.  S.,  both  applications 
should  be  received.  Should  either  thereafter  apply  to  enter,  notice  should  be  given  the  other 
party  to  show  why  such  entry  should  not  be  allowed.  Instructions  will  be  issued  by  the 
General  Land  Office,  if  an  appearance  is  made  at  the  time  allowed(«). 

In  computing  the  time  of  service  during  the  rebellion,  the  General  Land  Office  is  governed 
by  the  dates  of  the  President's  proclamations  of  April  15,  1861,  calling  out  the  militia,  and 
August  20,  1866,  declaring  the  war  at  an  end(*(. 

A  sqldier  is  not  obliged  to  credit  his  term  of  service.  After  a  soldier  has  resided  on 
his  homestead  long  enough  to  make  with  his  military  service  five  years,  further  residence  is 
unnecessary  to  secure  patent(*). 

In  soldiers'  homesteads,  where  a  discrepancy  occurs  between  the  proof  of  service  and  the 
records  of  the  War  Department,  the  applicant  is  allowed  sixty  days  in  which  to  furnish  satis- 
factory proof  of  service,  in  which  case  he  should  be  clearly  informed  as  to  what  he  is  required 
to  fumish('). 

The  homestead  act  makes  no  distinction  between  regular  and  volunteer  officers  and  soldiers 
who  served  during  the  war  of  the  rebellion,  who  have  been  honorably  discharged(«). 

Regular  array  officers  who  served  during  the  rebellion,  etc.,  may  initiate  a  homestead  entry 
^'hilc  in  the  army,  but  on  making  final  proof  must  show  at  least  one  year's  residence  on  the 
and  entered,  if  they  served  four  years  during  the  late  war^*). 

Soldiers  now  in  the  Regular  Army  may  perform  the  prelimmary  acts  relating  to  the  home- 
stead entries  therein  mentioned(*). 

A  soldier  discharged  for  disability  prior  to  expiration  of  term  of  first  enlistment,  is  entitled 
to  only  so  much  time  for  second  enlistment  as  he  may  have  served  after  expiration  of  tern*  cf 
first  enlistment(J). 

The  time  a  homestead  claimant  was  in  the  United  States  military  service  in  the  late  rebel- 
lion should  be  taken  as  a  part  of  the  five  years  in  which  a  contest  under  the  5th  section  of 
the  homestead  act  could  be  commenced,  and  if  such  period,  when  added  to  the  time  of  actual 
residence  and  cultivation,  was  more  than  five  years  before  the  contest  commenced,  the  contest 
should  be  dismissed(^). 

Whcfre  a  soldier  has  lost  his  discharge  papers  he  must  file  with  the  proper  district  land 
officers  his  affidavit  detailing  his  service,  the  same  to  be  corroborated  by  the  testimony  of  two 
witnesses  cognizant  of  the  facts ;  which  evidence  will  be  accepted  as  satisfactory  proof  of 
service.  If  he  is  unable  to  obtain  the  corroborative  testimony,  he  may  file  his  own  affidavit  as 
to  service,  with  his  application  to  make  a  homestead  entry ;  and  upon  receipt  at  the  General 
Land  Office  of  the  affidavit  and  application,  official  information  regarding  alleged  service 
will  be  obtained  from  the  War  Department,  compared  with  the  party's  affidavit,  and  if  found 
satisfactory  the  entry  will  be  allowed('). 


(»)  Philip  Betx,  Land  Owner,  Vol.  6,  p.  93. 

(•)  Wilkes  &  Famsworth,  Land  Owner,  Vol.  4,  p.  107, 

(•)  G.  M.  Burlingame,  Copp's  Public  Land  Laws,  p.  369. 

O  Thomas  Graham,  Land  Owner,  Vol.  3,  p.  164. 

(*)  W.  A.  M.  Dudley,  Land  Owner,  Vol.  3,  p.  69. 

0)  Preston  Swords,  Land  Ovmer,  Vol.  i,  p.  ao. 

(k)  Burt  v»,  Dopp,  Copo's  Public  Land  Laws,  d.  S70. 


(*)  A.  W.  Duggan,  Land  Owner,  Vol.  2,  p.  35. 
(*)  Instructions,  Land  Owner,  Vol.  i,  p.  3. 
A.  F.  Hubbell,  Ibid,  p.  246. 
(f)  Instructions,  Land  Owner,  Vol.  2,  p.  50. 
(J)  Instructions,  iMnd  Owner,  Vol.  2,  p.  133. 

0)  P.  W.  Hitchcodt,Za«</  Owner,  WoU  3,  p.  69. 


^' 


46 


THE  AMERICAN  SETTLER'S  GUIDE.   * 


mere  a  single  woman  has  made  a  homestead  entry,  she  cannot  thereafter  as  the  widow  of 
a  soldier  make  a  second  homestead  entry(»). 

A  married  woman  can  become  entitled  to  credit  on  a  homestead  entry  for  her  husband's  mU- 
itary  services  dunng  the  late  war(«>). 

■  .J^«''^'»»<»'\»""»'y  service  during  the  rebellion  cannot  apply  on  a  homestead  entry 

^L^  t  r  J^:™"  •"  r""'''-    ^''"  ""  '<>-""««*  "or  consummation  JZ 
wile  s  entry,  the  husband  may  make  an  entry  in  his  own  name(») 

he  may  apply  h,s  father's  term  of  military  service  upon  the  settlement  required,  tf  his  m^her 
had  not  remarr-ed  at  the  date  of  entry.     Patent  will  issue  •■  for  the  benefit  of  the  heirs"(«) 

No  person  except  the  widow  or  minor  orphan  children  of  a  deceased  «,ldier  is  entiUed  to 
the  benefit  of  section  2305  Revised  SututesC).  ""'"ea  to 

n,a^\™''  '*!f  "^T  '"  °°""°'  "'•  ■^"""^  "PP""  '"  "=""  "''"«  h<»n«tead  entries  are 
made  by  guard.ans  for  mmor  heirs  of  deceased  Union  soldiers.  Residence  on  the  tracts 
entered  «nn„.  be  reasonably  expected  in  such  cases,  and  if  the  land  has  been  cultivated  in 
good  faith,  the  law  has  been  substantially  complied  with(') 

thJw   "'  °°  'r  ^'"""F  """"'^  '""'*'  •"  P'"'"  "'«'  «"«■>  '"  ""=  Amy  or  Navy  durin.     • 
Aejate  war.     Paymasters'  stewards  are  not  enutled  to  the  benefits  of  the  Soldiers'  H^mesteaS 

A  contract  sui^eon  is  not  entitled  to  the  benefit  of  the  Soldiers'  Homestead  Laws(») 
aI\ZH,      I,  C^  °''  \'"""""*<'  ""^  ""der  the  Soldiers'  and  Sailors'  Homestead 
of  hil  hST  "^"'^'d.^"  P'««M  to  'he  proper  district  land  officers  a  certified  copy 

of  h,s  discharge  from  the  United  States  Army  during  the  war  of  the  rebeUion,  or  in  t^e 
absence  thereof,  "satisfactory  evidence"  of  service,  which  may  consist  of  the  partes  alidavi^ 
o    the    acu,  corroborated  by  the  testimony  of  two  disinterested  witnesses,  wiHe  a«.p.ed 
If  this     satisfactory  evidence  "  cannot  be  obtained,  or  if  obtained,  fails  to  show  that  the  tny 
had  received  an  AonorM.  JUckarge,  the  General  Land  Office  will,  upon  application  an^ 

Ih'l?  ?;""""''  '"'r ' '"'  '""^'^  ""'«^'  ~»»'"'"8  of  his  nam^  number  of  regime" 
alphabetical  designation  of  the  company  in  which  he  served,  branch  of  service.  anHute 
where  enhsted.  obtain  from  the  War  Department  an  "official  statement"  of  his  ser;iceO 

b,  ADDITIONAL  ENTRIES. 

22^.7,'I'!^e"'"f' T''r""'°r^°*°'  '"'  ''"'"''  Sta>"tes.who  had  prior  to  June 

^\    T     t  '"'"f  ^^"^  ""-Tof  l«s  than  one  hundred  and  sixty  acres,  may  enter  so 

and1il;acl"'  '°  'he  quantity  previously  entered  shall  not 'exceed  one'  huldre" 

Where  a  party  entitled  desires  ,0  make  an  additional  entry,  it  is  required  that  a  full  reciul 
of  mthtary  service  be  presented  to  the  General  Land  Office,  with  due  proof  of  the  id  nr^f 

t.  T  T^rH*^"''"°«;  "'  ""'  P™'"'  "f"'"«  •»  "'^  -e'-'  homestead  enS.gi 
add,r  .^tT"'  °®"'  ''"  """  """""^  "'  ""y-  "<»  description  of  the  iT^d  T 
add  tion.  a  detaded  statement,  under  oath,  must  be  filed  by  the  party  in  interest,  setting  forth 
the  facts  respecting  h«  right  to  make  the  entry,  and  conuining  hU  declaration  that  he  has  not 
in  any  manner  exercised  his  right,  either  by  previous  entry  or 'application,  or  b; t  e.  t^fer 

under  oath,  that  he  has  made  full  compliance  with  the  Homestead  Law  in  the  matter  of 
residence  upon  cultivation  and  improvement  of.  his  original  homestead  entry  and  laid 
further  recite  whether  or  not  he  has  proved  up  his  claim  and  received  a  paten,  for  the  llnd 


J  ?T  't   ^^^"i^**'  O-amer,  Vol.  3,  p.  60. 
(X  \:  I'  r"'"K-,  ^r'*^  Owfur,  Vol.  1,  p.  35. 
•   ^-  |-  G-mble  Landowner,  Vol.' 4,  P   146. 
i?)  f  •  w  J^"*?'  ^""^  Oumer,  Vol.  3,  p.  70. 
{  )  J   W.  Bonme.  Copp's  Public  Land  LaVs,  p  S71 


n»)  Lund  Chtmer,  Vol.  8. 

(J)  Charles  L«   Land  Own*r,  Vol.  5.  p.  147. 

(*)  G.  W.  Benton,  Land  Owntr,  Vol.  3,  p.  Ja 


THE  AMERICAN  SETTLER'S  GUIDE.  47 

The  following  form  is  prescribed  by  the  General  Land  OflScc : 

ADDITIONAL    HOMESTEAD.— .SPECIAL  AFFIDAVIT  AS  TO    MILITARY  SERVICE,   IDENTITY,  ETC, 


Land  Officb  at 


* 


I. 


-.of 


J ^  01  do  solemnly  swear  that  I  am  the  identical  person  who  was  mustered  into  tfa* 

military  service  of'the  United  States  under  the  name  of • ,  in  Company ,  — —  Regiment  cf 

—  •  •  ,  day  of ,  186—,  and  was  honorably  discharged  from  such  service  on  the 


Volunteers,  on  the 

^furthermore  solemnly  swear  that  I  am  the  identical  person  who  made  original  homestead  entry  No. ,  at 

.  that  I  now  make  application  for  an  additional  homestead  entry,  having  fully  met  all  the  requirements 

of  the  Homestead  Law  as  to  said  original  entry ;  that  I  have  not  sold  my  additional  homestead  claim,  and  that 
I  have  not  made  any  prior  application  for  an  additional  homestead  certificate. 

My  post  office  address  is . 

Ttvo  witnesses  to  signaturt.^  


Claimant. 


Sworn  to  and  subscribed,  this day  of  ■ 


-,  18—,  before 


-,  who  made 


The  undersigned  do  solemnly  swear  that  we  have  been  well  acquainted  with  said . 

the  above  affidavit,  for  about years,  and  that  we  have  reason  to  know  that  his  statements  m  said  affidavit 

are  true. 


Sworn  to  and  subscribed  this 


day  of  ■ 


-.18-. 


Thvo  corroborating  witnesses. 


This  affidavit,  corroborated  by  two  witnesses  who  are  acquainted  with  the  claimant  and 
know  that  his  statements  therein  are  true,  and  the  usual  homestead  affidavit,  must  be  acknowl- 
edged before  a  local  land  officer,  or  the  judge  or  clerk  of  the  court  of  the  county  wherein  the 
claimant  resides.     It  cannot  be  taken  before  any  other  official. 

When  these  papers  are  filed  and  examined,  they  will,  if  found  satisfactory,  be  returned 
with  a  certificate  attached,  recognizing  the  right  of  the  party  to  make  additional  entry  under 
the  law ;  and  when  presented  with  a  proper  application  at  any  district  land  office,  either  by 
the  party  entitled  or  his  agent  or  attorney,  they  will  be  accepted  by  the  Register  and  Receiver, 
and  forwarded  with  the  entry  papers  in  the  usual  manner. 

The  fee  for  examination  and  certificate,  under  the  seal  of  the  General  Land  Office,  is  now 

lothing. 

Where  the  party  is  qualified  to  make  entry,  the  Register  and  Receiver  will  require  him  to 
make  application  in  the  form  prescribed  below,  and  to  pay  the  same  fee  and  commissions  as  in 
cases  of  original  entry ;  whereupon  the  Receiver  will  issue  his  receipt  for  the  money  paid. 

Thereafter  the  party  will  be  required  to  pay  the  final  commission,  when  a  final  receipt  will  be 
issued  for  the  money.  On  these  papers  the  Register  and  Receiver  will  make  a  reference  to  the 
original  and  the  additional  entry,  and  on  them  a  patent  will  issue. 


APPLICATION. 


Land  Officb  at 

{Date) 


i8— . 


No. . 

I^  ■  1         ^  of county.  State  of ,  being  entitled  to  the  benefits  of  section  2306  of  the  Re- 

Yised  Statutes  of  the  United  States,  granting  additional  lands  to  soldiers  and  sailors  who  served  in  the  war  of 

the  rebellion,  do  hereby  apply  to  enter  the of  section ,_of  township -,  of  rajige — ^-.»-:- 

'  "  ■jnaf t 


■  acres,  as  additioi 
-,  containing  ^— 


to  my  original  homestead  on  the of  section 

acres,  which  I  entered  ,  Ji8— ,  per  homestead  No.  ——. 


;  of  township  ■ 


J  contain- 
-,  of  range 


I, 


-,  Register  of  the  land  office  at 


Land  Office  at  - 

{Bate) 


18—. 


-,  do  hereby  certify  that 


filed  the 


above  application  before  me  for  the  tract  of  land  therein  described,  and  that  he  has  paid  the  fees  and  commis< 

sions  prescribed  by  law. 

•  ,  Register, 

RULINGS. 

Where  a  soldier's  additional  homestead  claim  was  filed,  with  all  the  papers  then  required,  by 
an  agent,  who  also  filed  a  power  from  the  homesteader,  authorizing  the  agent  to  prosecute  the 
claim  and  receive 'the  certified  papers,  they  should  be  delivered  to  the  agent,  if  he  has  done  all 
within  his  power  to  discharge  his  duties,  although  later  papers  were  filed  by  another  agent  with 
a  power  of  attorney  revoking  the  elder  power.  Rule  applied  to  this  case,  where  the  certified 
papers  contained  affidavits  filed  by  the  junior  agent  under  regulations  issued  after  the  elder 
papers  were  filed(*). 

(>)  C  A.  Allison,  Land  Owner,  Yci.  Z,  p.  138. 


48 


THE  AMERICAN  SETTLER'S  GUIDE. 


ouDie  mmimum  land,  but  having  once  made  an  entry,  subseauent  to  Tune  22   i«7>.   »,« 

Applicants  for  ^^^S xlT^T^l^^tl^Z^J'  T«     .""  ""^"^^  '"•^«- 
casesC).  cnarged  the  original  and  final  commissions  in  all 

A  qualified  soldier  under  section  2^06  of  fhe  p*„;c^^  c*  »  . 

A  contest  for  abandonment  of  an  additional  entry  will  not  be  entcrtainedC) . 

III.   Special  Relief. 
In  the  first  section  of  the  act  of  Congress  of  July  i,  ,870,  entiUed  "v^«  ^./  /«.  ,a.     r  , 

.11  J„t     .  "  homestead  and  pre-emption  settlers  on  tlie  public  lands  and  i. 

aU  ca«s  where  pre-empfons  are  authorized  by  law.  where  cops  have  L„  or  may  ^  d* 
«royed  or  senously  injured  by  grasshoppers,  to  leave  and  be  ateen.  from  said  l^ds  und! 
s^h  rules  and  regulations,  as  to  proof  of  the  s«„e.  as  the  CommissionerT  t^  Ge",^!',  i^^" 
Office  shall  prescnbe ;  but  in  no  case  shall  such  absence  extend  beyond  one  yT^nW 
o^Iy;  »d  dunng  such  absence  no  adverse  righu  shall  atuch  to  said  lands  s"chseX 
be^ng^allowed  to  resume  and  perfect  their  settlement  as  though  no  such  a^nce  ^rd  I 

And  in  its  second  section  it  is  provided— 

ZT'TT  'r*  '"  ""'''"^  ''"'"  P'^'f  '"''  P*5™'"'  ^  preemptors  whose  crops  shall  hav 

Gener^rHd  Offic'T     "  T^T^'  '^'' '"  "«  <"'""-"  ^'  *'  Commis'I^^lf  ,^. 
General  Land  Office,  be  extended  for  one  year  after  the  expiration  of  the  term  of  absenc 

entiUed  "aI^^  ^"    preemption  setUers  shall  apply  to  and  include  the  Llers  under  I  .« 
entiUed    An  act  to  encourage  the  growth  of  timber  on  western  prairies.'  approved  March 
third,  eighteen  hundred  and  seventy-three,  and  the  acts  amendatory  thereof  " 
The  proof  required  in  the  first  section  of  said  act  may  consist  of  the  affidavit  of  the  cWm- 

(•)J.  N.  Langford,  Copp's  Public  Land  Laws,  p.  281.'  "^ ~ 

0>)  J.  J.  Thomas,  Land  Owner,  V<rf.  <.  p.  147'  /,x  T«.*^k  ai         ,       _,  ^ 

(.)Ch«l»R.dan,.ck.r,Copp';Pub.!;L,dU-s   p  ^J"""""^'"' •^"^ ''— •  Vd.  4,  p.  .». 


(•)  J.  W.  Hays,  Land  Otmur,  Vol.  3,  p.  ai. 

(f) MUes  Schoolcraft,  Land  Owner,  Vol.  a,  p.  go.  W\\4  r  ru».««    r      v  ^'     "W\  T  "^ 

<«)  White  vs.  Lafferry,  Copp's  PubUc  Land  L^s,  p.  ,80  ^^*  ^^  ''"^'  ^*^''*''  «*•  "** 


(0  J.  Atkinson,  i:^*^/  (TzMn^r.  Vol. 


«.P-35. 


THE  AMERICAN   SETTLER'S   GUIDE. 


4» 


ant,  giving  the  particulars  of  the  alleged  destruction  or  serious  injury  of  crops  by  grass- 
hoppers, and  the  affidavits  of  two  or  more  witnesses  corroborative  thereof,  and  should  be 
ubmitted  at  time  of  making  final  proof  through  the  Register  and  Receiver  of  the  proper 
listrict  land  office.  The  particulars  given  should  be  such  as  to  admit  of  a  decision  whether 
.he  absence  was  justified  by  law  or  not,  and  should  of  course  indicate  at  what  time  the  party 
left  the  land,  and  when  he  resumed  his  settlement. 

Written  notice  of  intended  absence,  signed  by  the  party,  should  be  filed  with  the  Register 
and  Receiver  when  he  leaves  his  claim,  and  be  noted  on  the  tract-books ;  this  for  the  pro- 
tection of  the  claimant,  and  as  notice  to  those  who  might  otherwise  make  settlement  and 
attempt  to  obtain  dtle. 

Claimaots  desiring  the  extension  of  time  provided  for  in  the  second  section  of  the  act 
may  apply  therefor  through  the  same  officers,  the  application  to  be  supported  by  the  same 
character  of  proof.  The  affidavits  required  in  cases  under  this  act,  as  before  indicated,  may 
jc  made  before  any  officer  using  a  seal  and  authorized  to  adminster  oaths,  or  before  the  Reg- 
.ster  or  Receiver  of  the  district  land  office. 

Acts  of  May  14,  1880,  and  June  15,  x88o. 

An  Act  for  the  relief  of  settlers  on  public  lands. 

Be  it  enacted^  etc..  That  when  a  pre-emption,  homestead,  or  timber-culture  claimant  shall  file 
a  written  relinquishment  of  his  claim  in  the  local  land  office,  the  land  covered  by  such  claim 
shall  be  held  as  open  to  settlement  and  entry  without  further  action  on  the  part  of  the  Commis- 
sioner of  the  General  Land  Office. 

Sec.  2.  In  all  cases  where  any  person  has  contested,  paid  the  land  office  fees,  and  procured 
the  cancellation  of  any  pre-emption,  homestead,  or  timber- culture  entry,  he  shall  be  notified  by 
the  Register  of  the  land  office  of  the  district  in  which  such  land  is  situated  of  such  cancellation, 
and  shall  be  allowed  thirty  days  from  date  of  such  notice  to  enter  said  lands :  Provided^  That 
said  Register  shall  be  entitled  to  a  fee  of  one  dollar  for  the  giving  of  such  notice,  to  be  paid  by 
the  contestant,  and  not  to  be  reported. 

Sec.  3.  That  any  settler  who  has  settled,  or  who  shall  hereafter  settle,  on  any  of  the  public 
lands  of  the  United  States,  whether  surveyed  or  unsurveyed,  with  the  intention  of  claiming  the 
same  under  the  homestead  laws,  shall  be  allowed  the  same  time  to  file  his  homestead  applica- 
tion and  perfect  his  original  entry  in  the  United  States  Land  Office,  as  is  now  allowed  to  settlers 
under  the  pre-emption  laws  to  put  their  claims  on  record,  and  his  right  shall  relate  back  to  the 
date  of  settlement,  the  same  as  if  he  had  settled  under  the  pre-emption  law. 

Approved  May  14,  1880. 
An  Act  for  the  relief  of  settlers  on  public  lands. 

[Section  I  relates  wholly  to  relief  of  parties  trespassing  on  timber  lands  prior  to  March  i, 

1879] 
Sec.  2.  That  persons  who  have  heretofore  under  any  of  the  homestead  laws  entered  lands 

properly  subject  to  such  entry,  or  persons  to  whom  the  right  of  those  having  so  entered  for 

homesteads  may  have  been  attempted  to  be  transferred  by  bona  fide  instrument  in  writing,  may 

entitle  themselves  to  said  lands  by  paying  the  Government  price  therefor,  and  in  no  case  less 

than  one  dollar  and  twenty-five  cents  per  acre,  and  the  amount  heretofore  paid  the  Government 

upon  said  lands  shall  be  taken  as  a  part  payment  of  said  price  :  Provided^  This  shall  in  no  wise 

interfere  with  the  rights  or  claims  of  others  who  may  have  subsequently  entered  such  lands 

under  the  homestead  law^s. 

Sec.  3.  That  the  price  of  lands  now  subject  to  entry  which  were  raised  to  two  dollars  and 
fifty  cents  per  acre,  and  put  in  market  prior  to  January,  eighteen  hundred  and  sixty-one,  by 
reason  of  the  grant  of  alternate  sections  for  railroad  purposes,  is  hereby  reduced  to  one  dollar- 
and  twenty-five  cents  per  acre. 

Sec  4.  This  act  shall  not  apply  to  any  of  the  mineral  lands  of  the  United  States ;  and  no 
person  who  shall  be  prosecuted  for  or  proceeded  against  on  account  of  any  trespass  committed 


90 


THE  AMERICAN  SETTLER'S  GUIDE. 


or  material  taken  from  any  of  the  public  lands  after  March  first,  eighteen  hundred  and  seventy- 
nine,  shall  be  entitled  to  the  benefit  thereof.  * 
Approved  June  15,  1880. 

INSTRUCTIONS  UNDER  ACT  OF  JUNE  I5,  l88o. 

Under  the  second  section  of  the  above  lave,  persons  who  prior  to  June  15,  1880, 
entered,  under  any  of  the  homestead  laws,  lands  properly  subject  to  such  entry,  are  permitted 
to  obtain  title  by  paying  the  Government  price,  less  the  fee  and  commissions  paid  at  date  of 
onginal  entry. 

In  allowing  entries  of  this  class,  proof  will  be  required  that  the  party  was  twenty-one  yean 
of  age,  was  a  citizen  or  had  declared  his  intention  to  become  a  citizen  of  the  United  States,  and 
was  in  other  respects  entitled  to  make  the  entry.     [This  proof  is  not  now  required.] 

When  homestead  entries,  made  prior  to  June  15, 1880,  have  been  attempted  to  be  "fransferred 
by  bona  fide  instrument  in  writing,  the  persons  to  whom  such  transfers  were  made  are  author- 
ized to  obtain  title  by  like  payments,  and  with  like  deduction  of  fees  and  commissions,  as  in  the 
case  of  original  homestead  parties. 

The  instrument  in  writing  by  which  it  was  sought  to  transfer  the  homestead  right  must  be 
filed,  together  with  the  best  evidence  attainable  of  the  bona  fide  character  of  the  transfer,  in- 
cluding the  affidavit  of  the  party  who  seeks  to  purchase.  Satisfactory  proof  must  be  submitted 
that  the  attempted  transfer  was  made  prior  to  June  15,  1880. 

No  entry  will  be  allowed  under  the  second  section  when  an  entry  under  the  homestead  laws 
shall  have  been  made  on  the  same  land  subsequent  to  the  original  entry ;  nor  if  the  land  was 
embraced  in  a  prior  valid  entry  existing  at  date  of  the  original  homestead  entry;  nor  where 
adverse  legal  rights  of  any  character  exist  at  the  date  of  the  application  or  purchase. 

Applications  to  purchase  under  the  second  section  will  be  made  as  in  ordinary  cash  entry, 
and  must  be  accompanied  by  the  Receiver's  duplicate  homestead  receipt ;  or,  if  that  has  been 
lost  or  destroyed,  by  an  affidavit  setting  forth  such  fact,  and  giving  the  Register's  and  Receiver's 
number,  and  the  date  of  the  original  homestead  entry.  It  must  also  be  stated  in  the  application 
that  the  same  is  made  under  the  second  section  of  the  act  of  June  15,  1880. 

Wh^e  the  duplicate  receipt  has  been  lost  or  destroyed,  and  the  application  to  purchase  * 
made  by  the  original  homestead  party,  the  applicant  must  make  oath  that  he  has  not  transferred 
ncr  attempted  to  transfer  his  homestead  rights  under  said  entry,  nor  assigned  his  right  to  receive 
the  repayment  of  the  fees,  commissions,  and  excess  payments  paid  thereon. 

In  each  case  of  an  entry  under  the  second  section,  the  Register  will  certify  to  the  Receiver 
the  amount  to  be  allowed  as  credit  for  fees,  commissions,  and  excesses  already  paid :  the  appli> 
cant  first  making  oath  that  said  fees,  commissions,  and  excess  payments  have  not  been  repaid, 
and  that  no  application  for  such  repayment  has  been  made. 

Final  homestead  proof  not  being  reqrired  in  these  cases,  no  advertisement  or  notice  of  inten- 
tion to  make  final  proof  is  necessary,  and  no  final  homestead  fees  are  to  be  paid  or  collected.       \ 

Warrants  and  scrip  made  receivable  by  law  for  lands  subject  to  sale  at  private  entry,  or  in  < 
commutation  of  homestead  or  pre-emption  rights,  and  certificates  of  deposit  on  account  of  sur-  \ 
veys,  will  be  deemed  receivable  for  lands  purchased  under  the  act  of  June  15,  1880.  ' 

The  existing  rule  must,  however,  be  observed,  that  where  the  value  of  warrants  or  scrip  ex- 
ceeds that  of  the  land  entered  therewith,  no  repayment  b  authorized,'  but  the  warrant  or  s^:rip 
applied  must  be  fully  surrendered.  In  such  case,  there  would  be  no  claim  for  repayment  on 
account  of  the  fees  and  commissions  paid  on  the  original  l^omestead  entry. 

The  third  section  reduces  to  one  dollar  and  twenty-five  cents  per  acre,  the  prTce/  of  any 
lands  which  were  subject  to  entry  at  two  dollars  and  fifty  cents  per  acre  at  the  date  of 
the  approval  of  the  act,  having  been  doubled  in  price  by  reason  of  the  grant  of 'alternate 
sections  for  railroad  purposes,  and  which  were  put  in  market  at  that  price  prior  to  ^e  1st  of 
January,  1861.  Lands  which  have  not  been  put  in  market  for  sale  at  ordinary  priviate  entry 
at  two  dollars  and  fifty  cents  per  acre,  or  which  were  so  put  in  market  subsequent  to  t  he  1st  of 
January,  1 861,  are  not  changed  in  price  by  this  section.     By  reference  to  official  records,  it 


THE  AMERICAN  SETTLER'S  GUIDE. 


51 


will  be  in  any  one's  power  to  ascertain  the  facts  in  regard  to  any  lands  from  which  to  decide 
as  to  the  applicability  of  tlie  rule  to  such  lands. 

None  of  the  provisions  of  this  act  apply  to  mineral  lands,  and  no  person  is  entitled  to  th 
benefit  of  any  provision  of  the  entire  act  who  falls  within  the  inhibition  named  in  this  section 

|LULING5. 

The  district  land  officers  are  instructed  not  to  accept  or  act  upon  any  relinquishment,  unless 
made  before  tlxera,  which  has  not  been  duly  subscribed  by  the  claimant  on  the  back  of  his  du- 
plicate receipt,  and  acknowledged,  witnessed,  and  executed  in  the  manner  requisite  under  the 
laws  of  the  State  or  Territory  in  which  the  land  is  situated  for  the  valid  transfer  of  real  estate. 
In  case  of  the  loss  of  the  duplicate  receipt,  an  affidavit  of  such  loss  must  accompany  the  written 
rclin(juishment(*). 

When  a  relinquishment  is  filed  before  the  final  disposition  of  a  contest,  it  should  be  treated 
as  proof  of  abandonment,  and  the  contestant  notified  of  his  preferred  right  of  entryC*). 

The  act  of  May  14,  1880,  gives  the  contestant  of  a  homestead  entry  a  preference  right  only 
upon  tiie  cancellation  of  the  entry. 

A  homestead  claimant  whose  entry  is  being  contested  under  the  act  of  May  14,  1880,  may 
purchase  the  tract  entered  under  the  act  of  June  15,  1880,  and  thus  prevent  any  right  of  the 
contestant  from  attachingC). 

The  act  of  May  14,  1880,  places  the  homestead  clairhant  of  unsurveyed  land  in  the  same  po- 
sition with  pre-emption  claimants  as  regards  the  right  to  place  his  claim  on  record  within  three 
months  after  filing  of  township  plat  of  survey  in  the  local  office,  notwithstanding  the  fact  that 
tlie  land  has  been  appropriated  by  a  prior  homestead  entry {*). 

Under  the  act  of  May  14,  1880,  a  homestead  claimant  who  settled  on  land  covered  by  an 
uncancelled  prior  entry,  cannot  be  credited  with  the  time  such  entry  remained  uncancelled 
after  his  settlement(«). 

Parties  cannot,  under  the  law  of  May  14,  1880,  be  allowed  credit  for  settlement  on  land 
withdrawn  for  railroad  purposes  prior  to  the  restoration  thereof  to  market  C). 

An  administrator  cannot  purchase  the  tract  of  land  covered  by  the  homestead  of  a  deceased 
entryman;  but  the  right  descends  to  his  widow,  minor  orphan  children,  or  heirs.  Where  a 
transfer  of  his  right,  or  an  attempt  at  transfer,  was  made  prior  to  the  claimant's  death,  the  right 
to  purchase  is  in  the  party  concerned,  to  the  exclusion  of  the  widow,  children,  and  heirs  («). 

The  widow  of  a  deceased  settler  may  sell  her  right  under  the  act  of  June  15,  i88o("»). 

Act  of  June  16,  X 880— Repayments. 

The  following  are  the  essential  sections  of  this  act: 
An  Act  for  the  relief  of  certain  settlers  on  the  public  lands,  and  to  provide  for  the  repayment 

of  certain  fees,  purchase  money  and  commissions,  paid  on  void  entries  of  public  lands. 

In  all  cases  where  it  shall,  upon  due  proof  being  made,  appear  to  the  satisfaction  of  the 
Secretary  of  the  Interior  that  innocent  parties  have  paid  the  fees  and  commissions  and  excess 
payments  required  upon  the  location  of  claims  under  the  soldiers'  and  sailors'  homestead  act, 
which  said  claims  were,  after  such  location,  found  to  be  fraudulent  and  void,  and  the  entries  or 
locations  made  thereon  canceled,  the  Secretary  of  the  Interior  is  authorized  to  repay  to  such 
innocent  parties  the  fees  and  commissions,  and  excess  payments  paid  by  them,  upon  the  sur- 
render of  the  receipts  issued  therefor  by  the  receivers  of  public  moneys,  out  of  any  money  in 
the  Treasury  not  otherwise  appropriated,  and  shall  be  payable  out  of  the  appropriation  to  refund 
purchase-money  on  lands  erroneously  sold  by  the  United  States. 

Sec.  2.  In  all  cases  where  homestead  or  timber-culture  or  desert-land  entries  or  other  entries 
of  public  lands  have  heretofore  or  shall  hereafter  be  canceled  for  conflict,  or  where,  from  any 
^se,  the  entry  has  been  erroneously  allowed  and  cannot  be  confirmed,  the  Secretary  of  the 

{*)  General  Circular,  October  i,  1880,  p.  jfi. 
(•)  Gohrman  vs.  Ford,  Land  Owner,  Vol.  8-  p.  6. 
(•)  Michael  McVey,  l^nd  Owner,  Vol.  8,  p.  oa. 
(f)  Alexander  Low,  Land  Owner,  VoL  8,  p.  7a. 


I 


)  Johnson  vs.  Halvorson,  Land  Otmer,  VcA.  8,  p.  56. 
<>)  Esrey  vs.  Glena.Land  Owner,  Vol.  7,  p.  148. 
,  .       >rthem  P.  R.  R.  Co.,  Land  Owner,  Vol. 
0»)  D.  F.  Herrington,  Land  Owner,  Vol.  8,  p. 


V-**- 


L' 


II 


52 


THE  AMERICAN  SETTLER'S  GUIDE. 


Interior  shall  cause  to  be  repaid  to  the  person  who  made  such  entry,  or  to  his  heirs  or  assigns, 
the  fees  and  commissions,  amount  of  purchase  money,  and  excesses  paid  upon  the  same,  upon 
tfie  surrender  of  the  duplicate  receipt  and  the  execution  of  a  proper  relinquishment  of  all  claims 
o  said  land,  whenever  such  entry  shall  have  been  duly  canceled  by  the  Commissioner  of  the 
>neral  Land  Office;  and  in  all  cases  where  parties  have  paid  double  minimum  price  for  land 
which  has  afterwards  been  found  not  to  be  within  the  limits  of  a  railroad  land  grant,  the  excess 
of  one  dollar  and  twenty-five  cents  per  acre  shall  in  like  manner  be  repaid  to  the  purchasci 
thereof,  or  to  his  heirs  or  assigns. 

Act  of  June  8,  x88o— Insane  Claimants. 
An  Act  to  provide  for  issuing  patents  where  the  claimants  have  become  insane. 

In  all  cases  m  which  parties  who  regularly  initiated  claims  to  public  lands  as  settlers  thereoB 
according  to  the  provisions  of  the  pre-emption  or  homestead  laws,  have  become  insane  or  shah 
hereafter  become  insane  before  the  expiration  of  the  time  during  which  their  residence,  cuUiva- 
tion,  or  improvement  of  the  land  claimed  by  them  is  required  by  law  to  be  continued  in  ordei 
to  entitle  them  to  make  the  proper  proof  and  perfect  their  claims,  it  shall  be  lawful  for  the  re- 
quired proof  and  payment  to  be  made  for  their  benefit,  by  any  person  who  may  be  legally 
authorized  to  act  for  them  during  their  disability;  and  thereupon  then-  claims  shall  be  confirmed 
and  patented,  provided  it  shall  be  shown  by  proof  satisfactory  to  the  Commissioner  of  the  Gen- 
eral Land  Office  that  the  parties  complied  in  good  faith  with  the  legal  requirements  up  to  the 
time  of  their  becoming  insane,  and  the  requirement  in  homestead  entries  of  an  affidavit  of 
allegiance  by  the  applicant  in  certain  cases  as  a  pre-requisite  to  the  issuing  of  the  patents  shall 
be  dispensed  with  so  far  as  regards  such  insane  parties. 

REGULATIONS  ITNDER  THE  ABOVE  ACT. 

This  act  applies  only  to  pre-emption  and  homestead  claims. 

Such  claims  must  have  been  initiated  in  full  compliance  with  law,  by  persons  who  had  de 
dared  their  intention  to  become  citizens,  and  were  in  other  respects  duly  qualified. 

The  party  for  whose  benefit  the  act  shall  be  invoked  must  have  become  insane  subsequent  to 
the  mitiation  of  his  claim,  and  the  act  will  not  be  construed  to  cure  a  failure  to  comply  with  the 
law,  when  such  failure  occurred  prior  to  such  insanity. 

If  such  claimant  is  shown  to  have  complied  with  the  law  up  to  the  time  of  becoming  insane, 
final  proof  will  not  be  received  in  homestead  cases  until  the  expiration  of  five  years  from  the 
date  of  the  original  entry,  but  proof  of  residence  and  cultivation  will  be  required  to  cover  only 
the  period  prior  to  such  insanity.  If  a  claimant  becomes  insane  after  expiration  of  the  period 
of  residence,  etc.,  the  act  will  be  construed  to  permit  his  guardian  to  act  for  him  withm  the 
time  in  which  he  might  have  made  final  entry  himself. 

The  final  proof  must  be  made  by  a  party  whose  authority  to  act  for  the  insane  person  during 
such  disability  shall  be  duly  certified  under  seal  of  the  proper  probate  court,  and  no  proof  of 
citizenship,  except  of  declaration  of  intention  to  become  a  citizen,  will  be  required. 

Act  of  January  13,  1881— Railroad  Lands. 

An  Act  for  the  relief  of  certain  settlers  on  restored  railroad  lands. 

All  persons  who  shall  have  settled  and  made  valuable  and  permanent  improvements  upon  any 
oad-numbered  section  of  land  within  any  railroad  withdrawal,  in  good  faith  and  with  the  per- 
mission  or  license  of  the  railroad  company  for  whose  benefit  the  same  shall  have  been  made, 
and  with  the  expectation  of  purchasing  of  such  company  the  land  so  settled  upon,  which  land 
so  settled  upon  and  improved,  may,  for  any  cause,  be  restored  to  the  public  domain,  and  who, 
at  the  time  of  such  restoration,  may  not  be  entitled  to  enter  and  acquire  title  to  such  land  under 
he  pre-emption,  homestead,  or  timber-culture  acts  of  the  United  States,  shall  be  permitted,  at 
ny  Ume  within  three  months  after  such  restoration,  and  under  such  rales  and  regulations  a^  the 
Commissioner  of  the  General  Land  Office  may  prescribe,  to  purchase  not  to  exceed  one  hun- 
dred and  sixty  acres  in  extent  of  the  same  by  legal  subdivisions,  at  the  price  of  two  dollars  and 
fifty  cents  per  acre,  and  to  receive  patents  therefor. 


THE  AMERICAN  SETTLER'S  GUIDE. 


53 


Act  of  March  3,  x88z — Climatic  Reasons. 

An  Act  to  amend  Section  two  thousand  two  hundred  and  ninety-seven  of  the  Revised  Statutes, 

relating  to  homestead  settlers.  >^ 

Where  there  may  be  climatic  reasons,  the  Commissioner  of  the  General  Land  Office  may,  it 

his  discretion,  allow  the  settler  twelve  months  from  the  date  of  filing  in  which  to  commence  his 

residence  on  said  land,  tinder  such  rules  and  regulations  as  he  may  prescribe. 

REGULATIONS  UNDER  THE  ABOVE  ACT. 

At  the  expiration  of  six  months  from  date  of  entry,  the  homestead  party  who  has  not  beea 
able  to  establish  a  bona  fide  residence  upon  the  homestead,  owing  to  climatic  reasons,  must  file 
with  you  his  affidavit,  duly  corroborated  by  two  credible  witnesses,  giving  in  detail  the  storms, 
floods,  blockades  by  snow  or  ice,  or  other  climatic  causes,  which  rendered  it  impossible  for  him 
to  commence  residence  within  six  months. 

It  will  be  insisted  in  each  case  that  the  claimant  shall  exercise  all  reasonable  diligence  in 
establishing  bona  fide  residence  as  soon  as  possible  after  the  climatic  hindrances  have  disap- 
peared ;  and  a  failure  to  do  so  would  imperil  the  entry  in  the  event  of  a  contest  prior  to  the 
expiration  of  one  year  from  date  of  entry.  A  claimant  cannot  be  allowed  the  latitude  of  twelve 
months,  when  it  can  be  shown  that  he  could  have  established  his  residence  on  the  land  at  an 
earlier  day.  To  the  end  that  proper  data  may  be  placed  on  file,  you  will  require  each  settler 
who  seeks  the  remedy  which  said  act  trusts  to  my  discretion,  to  furnish  a  supplemental  corrob- 
orated affidavit  as  soon  as  residence  is  established  by  him,  giving  date  of  the  completion  of  his 
house,  its  probable  value,  and  the  date  of  commencing  residence  therein. 

The  affidavits  called  'for  should  be  acknowledged  as  in  homestead  proof,  before  a  judge  or 
clerk  of  the  Court  of  the  county  in  which  the  claimant  resides,  or  before  a  district  land  officer. 

RULINGS  UNDER  ACT  OF  MARCH   3,  1 879,  ALLOWING  ADDITIONAL  HOMESTEADS,     (see  p.  27.) 

A  homestead  claimant,  otherwise  qualified,  may  make  an  additional  homestead  entry,  not- 
withstanding his  original  homestead  entry  was  changed  to  a  cash  entry  under  the  act  of  Jun 
15,  i88o(*). 

A  new  entry  under  the  act  may  be  allowed,  notwithstanding  a  settlement  on  the  land  em- 
braced in  the  original  entry  was  not  made,  as  the  privilege  allowed  by  the  law  is  unconditionaL 
Cultivation  and  settlement  must  be  made  on  the  additional  landC*). 

New  entry  will  be  allowed  without  any  additional  payment  of  fee  or  commissions,  without 
regard  to  the  area  of  land  heretofore  entered,  or  applied  for,  or  the  amount  of  fee  and  commis- 
sions previously  paid("). 

Patent  cannot  issue  on  an  additional  homestead  entry  until  the  party  has  resided  on  and  cul- 
tivated such  additional  entry  tract  for  at  least  one  year  from  date  of  the  new  or  additional  entry(*). 

Final  proof  must  be  made  on  such  entries  within  two  years  after  the  completion  of  the  term 
of  residence  and  cultivation  required  by  law  ;  and  as  your  son  has  made  proof  on  his  original 
entry  showing  residence  and  cultivation  for  a  period  of  •♦  five  years,"  he  is  entitled  to  a  credit 
oifour  years  on  his  additional  entry,  and  must  therefore  make  final  proof  thereon  within  three 
years  from  the  date  of  said  additional  entry ;  as  it  would  seem  from  the  language  used  in  said 
act  (with  reference  to  residence  and  cultivation)  that  it  (the  act)  was  intended  to  conform  as 
nearly  as  possible  to  existing  statutes,  as  in  cases  where  the  original  entry  is  relinquished  and  a 
new  entry  made,  the  proof  must  be  made  within  seven  years  from  the  date  of  the  original  entry ^ 
if  any  credit  is  claimed  thereon  (on  original) ;  and  in  cases  of  additional  entries  where  proof 
has  been  made  on  the  original  entry,  the  act  virtually  extends  the  time  within  which  proof  must 
be  made  as  required,  by  law  to  a  period  of  two  years  subsequent  to  the  completion  of  the  term 
of  *'  residence  and  cultivation  required  by  law  *'(•). 

A  woman  having  married  is  not  disqualified  from  making  an  additional  homestead  under 
this  act('). 


i»)  E.  D.  Sewall,  Land  Owner,  Vol.  8,  p.  73. 
•  )  Instructions,  Land  Oivn^r,  Vol.  8,  p.  71. 
•)  L.  M.  Wirt,  Land  Owner,  Vol.  7,  p.  «s. 


(*)  Anton  Rsiger,  Land  Owntr,  Vol.  8,  p.  35. 
(*)  Frank  liuffmire,  Land  Owner,  Vol.  8,  p.  56. 
\})  Eda  Ounoclutn,  Land  Owner,  Vol.  8,  p.  xai. 


I* 

!l 
I') 


11 


54    • 


THE  AMERICAN  SETTLER'S  GUIDE. 


Late  Rulings  Under  the  Homestead  Laws. 

SETTLEMENT  AND  ENTRY. 

A  party  who  goes  upon  public  land  as  a  tenant  for  a  pre-emptor  or  homesteader  cannot 
claim  against  his  landlord  (»). 

Where  a  party  goes  upon  public  land  as  the  tenant  of  an  absent  person  who  ha?  not  made 
entry  of  the  land,  he  may  make  entry  in  his  own  name(»').  f 

The  tenant  of  a  railroad  company  cannot  base  a  pre-emption  or  homestead  claim  upon  «k- 
cupancy  of  the  railroad  right  of  way(«). 

A  homestead  entry  must  be  canceled  where  a  party  fails  to  show  cidzenship(«»). 

Parties  desiring  to  enter  government  lands  under  the  homestead  or  limber  culture  laws,  who 
are  alien  lx>rn,  and  state  in  their  affidavits  that  they  have  declared  their  intention  to  become 
cidzens  of  the  United  States,  must  furnish  record  proof  of  the  same  to  accompany  their  appli- 
cation and  affidavit(*), 

A  homesteader  who  is  naturalized  through  his  father,  must  show  that  he  was  dwelling 
withm  the  United  States  at  the  time('). 

Pending  a  pre-emption  claim,  a  party  cannot  make  a  homestead  entry  without  abandoning 
his  pre-emption  ckim(8). 

Where  a  qualified  party  desires  to  make  both  a  homestead  and  a  timber  culture  entry,  he 
may  commence  contest  against  two  timber  culture  entriesC*). 

A  homestead  claimant  who  relinquished  his  homestead  in  Kansas  on  account  of  grasshopper 
ravages,  exhausts  his  right  of  homestead,  and  cannot  make  a  second  entry  in  another  State(») 

Where  a  homestead  settler  dies  before  completing  the  proceedings  for  making  a  homestead 
entry,  the  admmistrator  may  make  such  entry  for  the  benefit  of  the  infant  children  (the  mother 
bemg  dead),  and  in  due  time  make  the  required  final  proof(J). 

A  minor's  entry  is  canceled,  but  he  is  allowed  to  make  another  entry  of  the  land  with  credit 
for  settlement  from  the  date  he  became  21  years  of  age(*). 

Where  an  application  is  made  by  a  party  to  enter  land  as  a  homestead,  and  the  party  dies 
before  the  entry  is  perfected,  his  heirs  may  make  the  desired  entry(>). 

An  heir  can  claim  in  general  only  when  the  ancestor's  right  was  perfect  at  his  death(»). 

A  married  woman  cannot  make  a  homestead  entry  or  a  timber  cufture  entry  unless  she  has 
been  deserted  by  her  husband,  or  for  some  other  reason  can  be  regarded  as  the  head  of  the 
familyC*). 

A  widow  as  the  legal  representative  of  her  deceased  husband  may  continue  to  cultivate  his 
homestead,  and  at  the  same  time  make  an  entry  in  her  own  name(«»). 

The  mere  fact  of  consanguinity  with  a  local  officer  will  not  invalidate  a  homestead  entry. 
As  the  homestead  party  is  not  a  member  of  the  Receiver's  family  nor  an  employee  in  the  land 
office,  his  entry  is  allowed  to  stand(i>). 

A  homestead  entry  by  a  sbter  of  the  Receiver  is  not  objertionable  on  that  account  alone(«). 

A  party  made  a  homestead  entry,  and  prior  to  the  end  of  six  months  from  date  of  such 
entry,  made  cash  entry  on  a  pre  emption  filing  covering  different  land:  held,  that  the  home- 
stead entry  should  be  canceled ('). 

A  qualified  party  may  relinquish  his  timber  culture  entry,  and  enter  the  same  land  as  a 
homestead{«). 


C)  CaUahan  vs.  McLaugUin,  Land  Owntr.  Vol.  10,    (J)  Fred.  Muske.  Land  Owner,  Vol.  10.  p.  35. 


p.  256. 

0)  Fickerw.  U\xx^\iy ,  Land  Owntr ,\ o\.  10,  p.  377. 
W  Gardner  v».  Snowdcn,  Land  Owner,  Vol.  10,  p. 

(*)  Thomas  Madigan,'Z««fc^  Oamer,  Vol.  9,  p.  7. 
(•)  Instructions,  Land  Owner,  Vol.  10,  p.  103. 
(«)  Adolphus  YxnA^x^Land  Owner,  Vol.  9,  p.  72. 
(f)  Rufiis  McConliss,  Land  Owner,  Vol.  10,  p.  41. 
(")  Milton  F.  BIoss,  Land  Owner,  Vol.  10,  p.  107. 
(*)  Da«as  vs.  McNed,  Land  Oiuner,  Vol.  11,  p.  85. 


^*)  W.  T.  Bostwick,  Land  Ovmtr,  Vol.  10,  p.  89. 
P)  Townsend's  Heir«  vi.  SpcUraan,  Land  Owner, 

Vol.  10,  p.  241. 
(■)  Elias  Brechbill,  Land  Owner,  Vol.  10,  p.  stfa. 
(■)  Anna  D.  Wobl£mh,  Land  Owner,  Vol.  10,  p.  323. 
(•)  F.  M.  Heaton,  Land  Owner,  Vol.  10,  p.  90. 
(»)  Cronk  vt.  Pa«e.  Land  Owner,  Vol.  lo,  p.  i»o. 
(«)  Livingston  w.  Page,  Land  Owner,  Vol.  10,  p.  121. 
(»)  Carrie  L.  Wheelock,  Land  Owntr,  Vol.  10,  p.  24c 
(■)  W.  C.  L.ttimcr,  Land  Owner,  Vol.  8,  p.  122. 


THE  AMERICAN  SETTLER'S  GUIDE. 


65 


A  patent  may  be  corrected  so  that  the  patentee's  name  shall  agree  with  his  signature.     But 
if  the  claimant  signed  his  name  incorrectly  in  his  application,  his  remedy  is  in  the  courts(»). 

An  association  cannot  enter  land  under  the  pre  emption  or  homestead  law(»'). 

A  homestead  settler  on  unsurveyed  public  land  not  yet  open  to  entry  must  make  entry 
within  three  months  after  the  filing  of  the  township  plat  of  survey  in  the  district  land  oifice(«). 

The  act  of  settlement  roust  be  notorious  and  significant  of  a  purpose (*). 

The  mere  act  of  locking  the  door  of  a  purchased  house  is  not  settlement(«). 

Settlement  is  a  personal  act,  and  can  date  only  from  the  time  the  party  went  upon  the  land. 
Purchase  of  pnor  improvements  does  not  transfer  vendor's  date  of  settlement('). 

Work  by  a  party  who  is  hired  to  dig  a  ditch  cannot  be  claimed  as  an  act  of  settlement(8). 

Existing  entries  are  a  bar  to  other  entries  or  filings  not  based  on  prior  settleraeat.  The  time 
during  which  plats  are  withdrawn  from  the  local  office,  does  not  run  against  homestead  or 
pre-emption  claimantsC*) 

Credit  is  not  allowed  for  settlement  on  land  not  subject  to  entry('). 

A  subsequent  settler  who  enters  unenclosed  land  without  force  can  acquire  title(J). 

Arts  of  settlement  performed  while  the  land  is  embraced  in  a  homestead  entry  give  a 
claimant  no  legal  status.  After  cancellation  of  the  entry  the  rights  of  two  pre-emptors  must 
be  determined  by  their  settlement,  and  not  by  their  residence;  the  first  bona  fide  settler  takes 
the  land  in  dispute  if  followed  within  a  reasonable  time  by  his  residence  thereonC') 

A  settlement  is  an  appropriation  of  land,  and  a  subsequent  entry  is  subject  to  the  settler's 
compliance  with  law.  The  entry  appropriates  it  against  the  world,  except  the  pnor  settler. 
The  assertion  of  the  settler's  clatm  initiates  a  contest.  The  burden  and  expense  of  proof  is 
upon  the  entryman.  The  settler's  application  to  transmute  must  be  received,  and  the  entry- 
man  given  an  opportunity  to  show  cause  why  it  should  not  be  permitted(>). 

A  homestead  entry  is  an  appropriation  of  the  land  involved,  taking  effect  from  date  of  set- 
tlement, and  after  that  date  a  pre  emptor  could  acquire  no  rights  to  the  land  except  on  can- 
cellation of  the  homestead  entryC"). 

In  case  of  unsurveyed  lands,  where  a  party  notifies  a  subsequent  settler  to  keep  uis  stock 
away  from  the  land  covered  by  the  prior  party's  improvements,  it  is  sufficient  notice  that  he 
claims  the  subdivision  ujwn  which  his  improvements  should  appear  to  be  when  survey  was 

made("). 

A  party  purchasing  from  the  U.  S.  a  tract  on  which  are  abandoned  improvements,  may 
claim  the  improvements  found  upon  it  at  date  of  purchase^). 

While  a  homestead  entry  remains  uncanceled,  another  entry  of  any  kind  cannot  be  al- 

lowed(P). 

An  entry  of  record  valid  on  its  face  excepts  a  tract  of  land  from  a  subsequent  law,  grant  or 

sale  until  a  forfeiture  is  declared  (*») 

A  mere  occupant  of  public  land  has  no  right  thereto(»). 

Joint  entry  by  pre-emption  and  homestead  claimants  may  be  allowed(*). 

Where  two  homesteaders  settled  before  survey  on  the  same  forty-acre  tract,  joint  cash  entry 

may  be  made('). 

The  practice  of  allowing  parties  making  a  homestead  or  timber- cultuffc  entry  credit  for  the 
fee  and  commissions  paid  by  them  on  a  canceled  prior  entry  is  discontinued ("). 

(•)  Alexander  Chaboillez,  Land  Ower  'Vol.  9,  p.  84.     («)  Slate  vs.  Dorr,  Land  Owner,  Vol.  10.  p.  312. 
(b)  Krom  vs.  Unebcrg,  Land  Oivner,  Vol.  9.  p.  167.     («)  Cragin  vs.  Melbarg.  Land  Owner,  Vol.  10,  p.  16S. 


(•)  Land  Office  Circular,  March  i,  1884,  p.  12. 
{i)  Morgan  t/*.  Max wetl,  /./»»»/  Owner,  Vol.  to,  p.  70. 
(•)  Cragin  vs.  Melbarg,  Land  Owner,  Vol.  10,  p.  168. 
(«)  Knight  vs.  Haucke,  Land  Owner,  Vol.  \o,  p.  281. 
(«)  Cook  T'*.  Slattery,  Land  Owner,  Vol.xo,  p.  194. 
(k)  Ernest  Trelut,  Land  Owner,  Vol.  10,  p.  333. 
(«)  Michaei  McVey,  Land  Oivner,  Vol.  8,  p.  92. 
(J)  Brown  vs.  Quinlan,  Land  Owner,  Vol.  to,  p.  7. 
(k)  McAvinncy  vs.  McNamara,  Land  Owner,  Vol. 
10,  p.  274. 


(n)  Hart  vs.  Guiras,  Land  Owner,  Vol.  10,  p.  326. 
(•)  Bishop  vs.  Porter,  Land  Owner,  Vol.  9,  p.  166. 
(p)  Whitney  vs.  Maxwell,  Land  Owner,  Vol.  10.  p. 

104. 
(q)  St.   P.,  M.  &  M.  R.  R.  Co.  vs.  Rouse,  Land 

Owner,  Vol.  10,  p.  215.  . 

(»)  Charles  Stevens,  Land  Owner,  Vol.  10,  p.  120.'^ 
(•)  Burton  vs.  Stover,  Land  Owner,  Vol.  10,  p.  345- 
(t)  Miller  vs.  Stover,  Land  Owner,  Vol.  10,  p.  229. 
(»)  Instructions,  Land  Owner,  Vol.  10,  p.  306. 


06 


THE  AMERICAN  SETTLER'S  GUIDE. 


The  term  "  q.arter-section  "  is  used  to  designate  a  certain  legal  subdivision  of  the  pubJic 
.and  ascertained  by  official  survey.     It  generally  contains  just  i6o  acres,  but  thn,ugh  the  un- 
avoidable inaccuracy  of  surveys  in  adjusting  .meridians,  etc.,  it  often  exceeds  or  falls  below 
that  amount.     It  is  sHll,  however,  the  technical  legal  quarter  section  defined  by  law  and  a*- 
certamed  by  official  survey.     A  homestead  settler  may  enter  ,60  acres  in  legal  subdivisions 
lying  contiguous  to  each  other  without  reference  to  the  quarter -section  lines,  or  he  may  enter 
a  technical  quarter-section  as  such,  in  which  case  he  can  take  the  amount  of  land  contained 
herein   as  shown  by  the  official  survey.     In  entering  a  "  quarter-section,"  he  cannot  depart 
from  the  ascertained  lines,  but  must  take  one  hundred  and  sixty  acres,  more  or  less,  as  Ae 
case  may  be.     In  an  entry  of  one  hundred  and  sixty  acres,  as  nearlv  as  may  be.  composed  of 
fraaional  lot.  bounded  by  irregular  lines,  as  in  case  of  entry  along  creeks  and  the  like,  or 
from  an  entry  embracing  subdivisions  of  different  quarter-sections,  an  applicant  may  elect  be- 
tween any  of  the  contiguous  fractional  subdivisions,  and  approximate  hU  entry  to  160  acre, 
without  forfeiting  any  right(»). 

An  excess  payment,  where  the  amount  would  be  less  than  one  dollar,  is  not  required  i. 
homestead  and  timber  culture  cases^*). 

1  ^^'7^^?'''''!  ^^^'  '^  '""'  ^'  ^""^  '^^"  '^^  defidency  would  be  should  a  subdivision 
be  excluded  from  the  entry,  the  excess  may  be  included,  but  when  the  excess  is  greater  it  is 
excluded  (').  ^ 

Section  2290  Revised  Statutes  aoes  not  refer  to  a  technical  half-quarter  section  when  it  pro- 
vides tor  a  fee  of  ^5  for  a  homestead  entry  of  "  not  more  than  80  acres ; "  the  fee  is  $10  where 
a  half-quarter  section  contains  82.09  acres(*). 

Parties  who  yield  to  the  unlawful  and  unauthorized  demands  of  the  Receiver  for  money  do 
so  at  their  penl,  and  the  government  will  not  make  good  their  losses.  A  public  officer  can 
bind  the  government  only  so  far  as  the  law  provides.  All  parties  are  presumed  to  know  the 
law,  and  the  scope  of  a  public  officer's  agency(«). 

A  homestead  application,  erroneous  in  form,  afterwards  corrected,  should  take  effect  from 
the  date  when  first  received  at  the  local  land  office('). 

Where  there  is  more  than  one  court  of  origmal  jurisdicUon  in  a  county,  the  clerk  of  each 
court  IS  authorized  to  take  preliminary  homestead  affidavits  under  Section  2294  R   S(») 

-Ihe  homestead  entry  of  a  tract  n'ot  legally  subject  thereto  is  void,  and  must  be  r^arded 
as  never  made.     The  party  may  thereafter  apply  to  make  a  legal  entry^) 

In  view  of  the  altitude  and  lack  of  moisture,  the  land  in  this  homestead  entry  will  not  pn>. 
duce  crops.     A  rehnquishment  and  second  entry  are  permitted(«) 

A  second  homestead  entry  will  not  be  refused  on  account  of  carelessness  in  selecting  land 
upon  which  a  pnor  settler  is  actually  residing(J). 

Land  overflowed  during  the  late  winter  and  early  spring  months,  but  tillable  after  the  fir^ 
day  of  June,  is  not  -  swamp  and  overflowed  land"  within  the  meaning  of  the  law(M 

Filings  and  entries  cannot  date  back  of  day  when  reserved  land  is  ordered  restored  to  the 

Tfi^ed  claiTars     ^"'  """  ""'"'  '^'■^'''''  reservation  or  appropriation  can  affect  the  rights  of  qual- 

A  presumjxive  reservation  may  be  overcome.     Erroneous  markings  on  plats  and  field-notes 

of^l^d('"^''"''  '''"■''''°'^'  '""^  '"'^  "'^'^'''^'  ""  "°'  ^°"^^"^^^«  ^^i'i*^"^^  of  the  character 

A  mineral  application  cannot  be  received  for  land  covered  by  a  homestead  entiy,  untU  the 


{»)  Peder  O.  Aanrud,  Land  Oivntr,  VoL  7,  p.  103. 
(>>)  A.  R.  Greene,  Land  Owner,  Vol.  10,  p.  226. 
(•)  H.  P.  Sayles,  Land  Owner,  Vol.  10,  p.  210. 
(d)  Reuben  Decker,  Land  Owner,  Vol.  6,  p.  193. 
{•)  H.  O.  Hodges,  Land  Owner,  Vol.  7,  p.  150. 
(«)  Banks  vs.  Smith.  Land  Owner,  Vol.  10,  p.  226. 
V«)  Ashley  D.  Stephenson.  Land  Oivner,  Vol.  n.  p. 


(•»)  Rue  vs.  Hicks,  Land  Owner, Vq\.  10,  p.  168. 
(•>  Silas  Halsey,  Land  Owner,  Vol.  xo,  p.  273. 
(J)  Frank  Neisinger,  Land  Owner,  Vol.  10,  p.  323. 
{f)  State  of  Oregon  vs  Goodlow,  Land  Owner,  Vo* 

«o.  p.  176. 
(>)  Cole  vs.  Markley,  Land  Owner,  Vol.  10,  p.  238. 


THE  AMERICAN  SETTLER'S  GUIDE. 


57 


i^cultural  character  of  the  land  is  disproved  at  a  hearing.  A  homestead  entry  is  a  reserva- 
tion of  the  land  embraced  thereby (*). 

Land  within  a  homestead  entry  cannot  be  embraced  in  a  military  reservation (•»). 

Where  lands  have  been  surveyed,  and  there  is  no  withdrawal  for  military  purposes,  a  tem- 
porary occupation  of  the  land  as  a  military  encampment  does  not  subject  the  same  to  the  exclu- 
.•»ive  control  of  the  Secretary  of  War.     It  is  still  subject  to  occupation  as  public  lands(«). 

If  a  homestead  claimant  who  has  sold  a  church  site  fails  to  perfect  his  claim  his  wartanty 
deed  is  worthless  against  the  govemment(*). 

Where  double  minimum  land  has  been  selected  and  certified  to  a  state  under  the  Internal 
Improvement  Grant  settlement  thereon  cannot  be  permitted,  notwithstanding  such  certification 
is  alleged  to  have  been  erroneous(«). 

A  mortgage  is  not  void  under  the  homestead  act(f) 

The  rights  of  homestead  claimants  within  the  incorporated  limits  of  a  city  or  town-site  may 
be  protected  by  the  act  of  March  3,  i877(«). 

Homestead  claimants  on  timber. lands  are  liable  to  prosecution  for  removing  and  selling 

timber  before  final  proof  is  madeC*). 

Where  the  facts  show  good  faith  in  the  settlement  and  cultivation  of  the  land  by  the  home- 
steader, the  cutting  and  selling  of  the  timber  on  his  land  need  not  be  reported  by  special 
agents(«). 

Land  that  comers  on  another  tract  does  not  "adjoin"  it(^). 

Residence  and  Cultivation. 

The  period  of  continuous  residence  and  cultivation  begins  to  run  at  the  date  of  actual  settle- 
ment, in  case  the  entry  at  the  district  land  office  is  made  within  the  prescribed  period  (three 
months)  thereafter(*). 

An  actual,  personal,  continuous  residence  is  not  necessary  in  a  homestead  entry(*). 

A  party  who  temporarily  leaves  his  homestead  to  care  for  other  property  does  not  abandoi 
his  residence  thereonC"). 

The  fact  that  a  homesteader  sometimes  camped  and  slept  and  ate  upon  the  land,  cannot  be^ 

r^arded  as  residence ("). 

Where  a  party  made  reasonable  attempt  to  commence  residence,  but  was  prevented  by 
threats,  the  failure  to  effect  residence  should  not  cancel  his  homestead  entry (*•). 

Residence  cannot  be  claimed  on  a  tract  during  the  time  it  was  covered  by  another  home- 
stead entry  (P). 

Enclosing  a  homestead  entry  with  a  pre-emption  entry  and  residing  on  the  pre-emption  en- 
try is  not  a  Qumpliance  with  the  homestead  law(i). 

Residence  on  an  adjoining  tract,  and  cultivation  of  the  land  embraced  in  the  homestead 
entry,  is  not  a  compliance  with  the  law('). 

Residence  on  a  homestead  must  be  in  person  and  cannot  be  by  proxy,  even  by  a  member 
of  the  entryman's  family(»). 

Residence  is  largely  a  question  of  intent(*). 

Intentions  are  not  the  equivalent  of  actual  residence  and  improvement^). 


(»)  Hooper  vs.  Ferguson,  Land  Owner,  Vol.  10,  p. 

169. 
0>)  R.  T.  Lincoln,  Land  Oivner,  Vol.  8,  p.  72. 
(•)  Instructions,  Land  Owner,  Vol.  8,  p.  73. 
(*)  W.  A.  Fitzgerald,  Land  Owner,  Vol.  9,  p.  94. 
(•)  J.  M.  Dcwecse,  Land  Owner,  \o\.  10, p.  359. 
(*)  Deweese  vs.  Wilson,  Land  Owner,  Vol.  10,  p.  286. 
(f)  C.  M.  Bird,  Land  Owner,  Vol.  10,  p.  106. 
0»)  Miles  Borden,  Land  Owner,  Vol.  8,  p.  92. 
0)  W.  N.  B.  Alderson,  Land  Owner,  Vol.  10,  p.  295. 
(J)  E.  N.  Watson,  luind  Owner,  Vol.  10,  p.  127. 
(k)  General  Circular  of  March  1,  1884,  p.  13. 
0)  Edwards  vs.  Sex.son,  Land  Owner,  Vol.  9,  p.  7a 


(■)  Owings  vs.  Lichtenberger,  Land  Owner,  Vol.  9, 

p.  197. 
(n)  Barbeau  vs.  S.  P.  R.  R.  Co.,  Land  Owner,  Vol. 

9,  p.  81. 
(•)  Andrews  vs.  Forest,  Land  Owner,  Vol.  9,  p.  131. 
(p)  John  Johnson,  iMnd  Owner,  VoL  9,  p.  132. 
(q)  Barbeau  vs.  S.  P.  R.  R.  Co.,  Land  Owner,  Vol. 

9,  p.  81. 
(»)  Guyton  r* .  Prince,  Land  Owner,  Vol.  10,  p.  70. 
(•)  Barbee  vs.  Gilmore,  Land  Owner,  Vol.  10,  p.  90. 
(t)  Thomas  vs.  Thomas,  Land  Owner,  ^cA.  10,  p.  19. 
(«»)  CarlandfJ.  Flanagan,  Land  Owner,  Vol.  10,  p.  40. 


ji 


58 


THE  AMERICAN  SETTLER'S  GUIDE. 


cc!!I!^r/!!!""i ''  '""^'  "*  '^  ^"""^"'^  '*"  '^"*^  ^~"*  ^«^  ^-"<i  the  reasonable 
control  of  the  claimant,  his  entry  should  not  on  that  account  be  canceledC) 

Where  a  claimant  temporarily  leaves  hi,  land  for  the  purpose  of  earning  an  honest  Ifveli- 
hood,  coupled  with  a  ^ona/^,  imention  of  complying  with  the  law.  such  absence  is  accounted 
a  constructive  residence  and  compliance  with  legal  requirements(»). 

Parties  living  and  doing  business  in  cities  and  towns  cannot  secure  titles  to  public  lands  by 
occasional  visits  to  their  claims.  The  visits  in  this  case  aggregate  little  more  than  one  month 
of  actual  residence  m  seven  months  from  date  of  homestead  entry-the  entry  having  }^n 
made  m  October  and  the  proving  up  in  May  following,  with  setUement  a  short  time  prior 
to  entry(').  ^ 

A  homestead  entryman,  who  cultivates  and  improve,  the  land  embraced  in  his  entn,,  but 
who  never  resuled  thereoi,.  is  no.  excused  because  elected  to  a  public  office  which  require,  hi. 
residence  elsewhere(*).  -  ^ 

An  actual  residence  and  settlement  mult  first  be  established,  before  an  official  compelled  to 
hve  at  a  distance  from  the  land  embraced  in  his  homestead  entry  can  be  allowed  to  make 
nnal  proof(«j. 

A  county  surveyor  is  not  excused  fmm  continuous  residence  on  his  homestead  claim(0 
I  he  rule  that  homestead  or  pre-emption  settlers,  who  are  appointed  or  elected  to  oftce 
are  exempt,  m  certain  cases,  from  continuing  residence  on  the  land,  does  not  apply  t.>  their 
deputies(«).  '^'^  -^ 

»  >  4  .»,  ^^^  '"''''"''"''  "^''"'"  '^^'  ^"^'°^^"'  ^""^^  ^°  cultivation  of  the  land  and  his  residence 
thereon  is  too  meagre  to  indicate  good  faith.  No  satisfactory  excuse  is  pleaded  for  failure  to 
comply  with  the  homestead  law.  Exceptions  stated  where  claimants  are  not  obliged  to  reside 
upon  their  homestead s(»>). 

Poverty  excuses  non-continuous  residence.     Drought  excuses  non-cultivation,  provided  good 
aith  is  manifested  by  the  homestead  claimant(*). 

Stock  mising  and  dairy  production  are  so  akin  to  agricultural  pursuits,  that  in  grazing  coun- 
Ines  proof  of  settlement  and  use  of  the  land  for  such  purposes  is  satisfactory  compUance  with 
•the  homestead  law(J).  '         r 

^  In  case  of  a  deceased  claimant  who  had  not  resided  upon  or  cultivated  the  land  embraced 
in  his  entry,  the  heir  or  devisee,  though  not  required  to  reside  upon,  must  cuhivate  and  im- 
prove the  tract,  or  the  entry  may  be  contested  for  abandonment C'). 

A  new  homestead  entry  will  be  allowed  where  the  important  condition  of  cultivation  cannot 
be  complied  with(>). 

Amendment. 
An  amendment  cannot  exclude  intervening  rights(»). 

Homestead  entry  may  be  amended  to  embrace  a  contiguous  lot  not  included  through  error 
of  local  officers  (•>).  ^ 

Where  a  party  homesteads  one  tract  of  land  and  settles  on  another  tract,  but  does  not  apply 
to  amend  the  entry  until  after  a  valid  adverse  right  has  intervened  he  loses  his  improvementsC) 

Final  Proof  and  Commutation. 

Notice  of  intention  to  submit  final  proof  must  be  published  once  a  week  for  six  weeks(P). 


THE  AMERICAN  SETTLER'S  GUIDE 


69 


(•)  John  R.  McMinn,  Land  Owner,  Vol.  ii,  p.  37. 
(*)  Sandall  vs.  Davenport,  Land  Owner,  Vol.  11,  p. 

(•)  Campbell  vt.  Moore,  Land  Owner,  YoX.  xi.  p.  7a. 
(4)  George  W.  Shcppard,  Land  Owner,  Vol.  10,  p.  36. 
(•)  Harris  vs.  Radcliffe,  Land  Owner,  Vol.  10,  p.  209. 
O  W.  T.  Huey,  Land  Owner,  Vol.  11,  p.  37. 
(•)  W.  E.  Whiting,  Land  Owner,  Vol.  11,  p.  37. 
(*)  Jacklin  9s.  SamueUon,  Land  Owner,  Vol.  10.  p. 
311 


(«)  Clark  vs.  Lawson,  land  Owner,  Vol.  10,  p.  aa?. 

(i)  T.  W.  Luning ,  Land  Owner,  Vol.  7,  p.  135. 

(k)  Stewart  vs.  Jacobs,  Land  Owner,  Vol.  7,  p.  135. 

(')  L.  P.  Skarsud,  Land  Owner,  Vol.  9,  p.  58. 

(■)  Richard  Griffiths,  Land  Owner,  Vol.  10,  p.  366. 

(■)  Thomas  HammJIl,  Land  Owner,  Vol.  10,  p.  ao8. 

(•)  Sederquist  vs.  Ayers,  Land  Owner,  VoL  10,  p. 

W  M.  E.  Parker,  Und  Owner,  Vol.  10,  p.  X03. 


The  published  notice  invites  aH  parties  to  show  cause,  if  any,  why  an  entry  should  not  be 
aUowed,  and  any  testimony  showing  a  better  right  in  another  should  be  considered (•). 

Rnal  proof  taken  before  the  judge  or  clerk  of  court,  must  be  made  where  the  court  is  held 

and  the  seal  kept(*). 

Final  proof  in  a  homestead  and  pre-emption  entry  may  be  made  before  a  county  clerk  at  his 

office,  notwithstanding  no  court  may  be  held  in  his  county(«). 

The  county  judge  or  clerk  of  court  must  transmit  to  the  Register  and  Receiver  the  home- 
stead proof  and  pre-emption  affidavit  taken  before  said  judge  or  clerk(*). 

The  final  proof  should  be  completed  within  seven  years  from  date  of  entry (•). 

Upon  a  protest  against  final  proof,  any  testimony  showing  a  better  right  in  the  adverse  claim- 
ant is  competent  whether  based  upon  the  allegations  contained  in  the  protest  or  not(*). 

Occupation  of  a  number  of  buildings,  as  a  town  or  place  of  business,  on  a  track  of  land  at 
date  thereof,  is  no  bar  to  final  entry,  should  such  occupation  be  temporary  and  cease  before 

offering  of  final  proof («). 

Final  pn>of  may  be  made  where  a  county  is  in  two  land  districts  at  the  county  seat,  though 

it  may  be  in  another  land  district. 

Only  disinterested  persons  living  in  the  vicinity  and  cognirant  of  the  facts  sworn  to  are  com- 
petent witnesses  in  making  final  homestead  and  pre-emption  proof(*'). 

In  pre-emption  and  commuted  homestead  cases,  the  testimony  of  witnesses,  in  offering  final 
proof,  may  be  taken  before  any  officer  authorized  to  administer  oaths  ;  but  under  section  2292 
and  act  of  March  3.  1877.  the  testimony  of  witnesses  must  l>e  taken  before  the  officer,  before 
whom  the  claimant  appears(*). 

An  absolute  conveyance  by  the  claimant  of  a  small  portion  of  an  acre  belonging  to  the 
homestead  tract,  does  not  disqualify  him  from  making  final  entry,  as  notice  of  such  a  small 
matter  need  not  be  taken  cognizance  of  in  the  administration  of  the  law. 

An  agreement  to  convey  land,  entered  into  by  a  party  prior  to  final  proof,  is  not  considered 
as  evidencing  bad  faith  in  making  the  entry,  should  he  obtain  a  release  from  the  contract;  such 
a  contract,  in  any  case,  is  no  bar  to  making  the  final  affidavit,  inasmuch  as  it  does  not  constitute 
the  alienation  which  the  law  prohibits (^). 

A  verbal  agreement  to  seU  land,  is  not  binding  under  the  statute  of  frauds,  and  wUl  not  in- 
validate the  rights  of  a  homesteader. 

Where  a  clatimant  has  made  final  proof  and  paid  or  tendered  the  fees  and  commissions,  he 
is  entitled  to  a  final  certificate,  and  has  a  right  to  make  an  agreement  to  sell  the  land(k). 

Where  final  proof  of  a  homestead  claimant  is  satisfactory  except  that  he  has  made  a  quit- 
claim deed  for  the  land  in  question,  he  should  be  allowed  an  opportunity  to  prove  his  aUega- 
tions  that  such  deed  was  made  under  duress(*). 

Five  rules  are  laid  down,  which  recognize  a  deserted  wife  or  child  as  the  absent  husband's 

agent : 

1.  Where  the  entryman  has  established  a  residence  and  placed  his  wife  upon  the  land,  no 
one  but  his  wife  shall  be  heard  to  allege  the  desertion,  in  proof  of  his  change  of  residence  or 
abandonment,  during  the  period  of  seven  years  from  date  of  the  entry,  provided  that  she 
maintains  a  residence  on  the  land. 

2.  Within  seven  years  from  date  of  the  entry,  if  the  wife,  maintaining  her  residence  on  the 
Jand,  shall  allege  and  prove  her  husband's  desertion  of  her.  said  entry  shall  be  canceled,  and 
she  shall  be  permitted  to  enter  the  land  in  her  own  nam*,  provided  that  she  is  the  head  of  a 
family,  or  that  she  has  the  legal  rignt  to  acquire  real  property  as  a  feme  sole.  - 

(.)  Spencer w. Carleton,  Land  Owner,  Vol.  11,  p.  98.  ^)  W.  W.  Burke,  Landowner,  Vol.  10,  p.  55- 

(»)  H.  N.  Copp.  Land  Owner,  Vol.  10,  p.  256.  (')  Fred  Hodgt,  Land  Owner,  Vol.  ix,  p.  98. 

(.)  M.  A.  Butterfield.  Land  Owner,  Vol.  xo,  p.  310.  (J)  Matihiessen  and  Ward  vs.  \i xWasas,  Land  Owner , 
{*)  Instructions,  Land  Owner,  Vol.  8,  p.  35.  Vol.  10,  p.  356. 

<.)  Christy  vs.  Siegel.  Land  Owner,  Vol.  9,  p.  149.  (*)  J*'"**  *'*•  Schofield,  Land  Owner,  Vol.  xo,  p.  324. 

(f)  Spencer  vs.  Carleton,  Land  Owner,  Vol.  ix ,  p.  98.  C)  Lorenzo  Van  Gieson,  Land  Owner,  Vol.  xo,  p.  358. 
(•)  Mattbicssen  vs.  Williams   I^nd  Owner,  Vol.  xo, 
p.  356. 


no 


THE  AMERICAN  SETTLER'S  GUIDE. 


Sons  tf    h    T'Ia       ,    u  '""''""'■'  "•^  "  "l'"^  ''^  ">«  >»"  »»<»  «g»l»- 

.o„s,  ,f  the  deserted  w.fe  has  no,  made  enUy.  as  above  provided,  she  shall  be  permit,^  » 

•id  h  n"l  r"T,  °*"  """^  *"  ''"'•'  *"•'  ■"'  ""^  ^""J'  ^  «g"<i«»  «  «"^de<l. 
and  shall  be  referred  for  conhrmation  to  the  Board  of  Equitable  Adjudication 

4-  A  deserted  wife  may,  as  her  husband's  agent,  commute  his  entry  or  purchase  it  under  the 
ac  ol  June  ,5,  ,880;  and  the  entry  shall  be  regarded  as  suspended,  and  .haU  be  .efened  for 
confirmation  to  the  Board  of  Equiuble  Adjudication. 

i,  LT*""!  ""  ""^"""'^  '^"'  '^  <'«'="'<'•  ""=  forgoing  rules  shall  apply  ,0  his  child,  who 
.s  not  twenty.one  yea,,  of  age  at  date  of  the  offer  .0  purchase,  commute,  or  make  final  proof 
as  an  agen  ,  or  a,  date  of  the  offer  to  enter;  provided  that  in  the  latter  case  the  chUd  sh^  be 
the  head  of  a  faimly(»). 

.Jm  T  '^""."f  r^''r  ^''°^-  "°  P'-^-'n'Ption  of  the  death  of  a  p«ty  can  be  indulged 
witil  after  the  expiration  of  seven  years(*). 

The  granting  of  letters  of  administration  is  sufficient  proof  of  deathC) 
.    Proof  of  cultivation  must  be  shown  after  death  of  claimant  to  date  of  final  proof(«) 

Section  2291  does  not  provide  for  the  issue  of  patent  even  to  heirs  or  devisees,  unL  ther 
are  citizens  of  the  United  States.  In  case  of  unknown  heirs  there  can  be  no  certainty  on  th^ 
point.  It  *ay  happen,  under  an  allegation  that  the  residence  of  the  heirs  is  unknown,  that 
Uiere  may  be,  m  fact,  no  heirs,  and  consequently  no  representative  of  the  homestead  setUer 
Therefore,  leaving  out  of  consideration  the  question  of  the  power  of  an  administrator  to  make 
the  required  proof  m  homestead  cases,  which  is  not  by  any  means  clear  under  the  law  it 
must  be  apparent  that  a  patent  to  "the  heirs,"  without  proof  of  their  identity  and  quaUfi^- 
tions,  was  not  contemplated;  otherwise  the  requirement  of  citizenship  would  not  have  been 
mserted(«). 

Final  proof  by  the  minor  child  of  a  deceased  entryman  who  was  unnaturalized  at  date  of 
deadi  must  show  that  the  naturalization  oaths  prescribed  by  law  were  administered^) 

Where  a  guardian  makes  a  homestead  entiy  for  the  minor  orphan  child  of  a  deceased  sol- 
dier, and  said  child  becomes  of  age  prior  to  time  of  making  final  proof,  the  final  affidavit  must 
be  made  by  the  beneficiary(«) 

The  administrator  may  make  entry  and  final  proof  for  the  benefit  of  the  infant  chadrcn 
where  homestead  claimant  dies  before  completing  proceedings  for  making  entrj^M 
heSV^^"  °^  ^  i^omestead  claimant  has  the  same  right  as  his  heirs,  in  caTe  there  are  no 

A   homestead  claimant  cannot  by  will  defeat  the  law  which  provides  who  shaU  take  tht 
homestead  in  case  of  his  death  (J).  <• 

Where  a  homestead  claimant  apphes  to  make  cash  purchase  of  the  land  embraced  in  hi. 
entry,  he  must  show  cultivation  of  the  land  as  well  as  residence  thereon(^). 

* 

Abandonment  and  Contest. 

In  homestead  ca^es  six  months  and  one  day  must  elapse  before  contest  can  be  iniriatedO). 

Where  a  party  makes  an  entry  in  fraud  of  the  homestead  laws,  a  contest  may  be  ordered  at 
any  tmie  to  defeat  such  fraud  and  protect  the  interests  of  the  government(») 

If  the  homestead  party  fails  to  make  proof  after  seven  yean,  the  would-be  contestant  has  a 
preference  right  of  entry  if  the  sole  ftccupant  of  the  land{-) 


{•)  Bray  vs.  Colby,  Land  Owner,  Vol.  lo,  p.  360. 
(fc)  Dodd  vs.  Gamble,  Land  Owner,  Vol.  10,  p.  359. 
(•)  Adolph  Seidensticker,  Land  Owner,  Vo\.  8,  p.  55. 
(*)  John  J.  Jones.  Land  Owner,  Vol.  9,  p.  73. 
(•)  Suspended  Entries,  Land  Owner,  Vol.  7,  p.  9,. 
(«)  A.  B.  Hays,  Land  Onmer,  Vol.  10,  p.  19a. 
\«)  J.  F.  Folsom,  Land  Owner,  Vol.  10.  p.  394. 


(f)  Fred  Muske,  Land  Owner,  Vol.  10,  p.  35. 

(0  H.  C.  Dodge,  Landowner,  Vol.  8,  p.  193. 

(J)  Sarah  I^onard,  Land  Owner,  Vol.  9,  p.  6. 

(*)  Lorenzo  A.  Paddcck,  Land  Owner ^  Vol.  10,  p.  91. 

0)  Baxlcr  »*.  Cross,  Land  Owner,  Vol.  11,  p.  loj. 

(-)  Condon  vs.  Arnold,  Land  Owner,  Vol.  10,  p.  369. 

(•)  Jackson  M.  Jackson,  Land  Owner,  Vol.  9,  p.  a^. 


THE  AMERICAN  SETTLER'S  GUIDE. 


W 


A  contest  by  a  divorced  wife  against  her  absent  husband's  homestead  entry  should  be  treated 
as  between  parties  who  were  never  married(»). 

Offering  to  sell  a  relinquishment  is  not  sufficient  ground  on  which  to  order  a  heanng(  ) 

An  attempted  sale  of  land  embraced  in  a  homestead  entry,  is  not  sufficient  ground  for  can- 
cellation, but  raises  a  presumption  of  bad  faith(«).  ,  r    u 

A  contract  to  sell  part  of  a  homestead  is  void,  and  will  not  affect  the  legal  status  of  the 
claimant.     Only  an  absolute  conveyance  will  defeat  his  right(«). 

Where  a  party  believes  that  as  a  settler  he  has  a  better  right  to  the  tract  than  the  entryman, 
he  should  initiate  contest  by  filing  his  application  to  enter  within  the  period  prescnbed  by 

* 

Uiw(*) 

In  initiating  a  contest  against  a  homestead  entry,  the  contestant  need  not  make  application 

H>  enterC).  .    ,  r     «•   •       c     \ 

A  pre-emptor  cannot  cite  a  homstead  claimant  to  a  hearing  until  date  of  offenng  final 

^^!lrty  having  made  a  homestead  entry  failed  to  cultivate  the  land,  and  sold  his  tract  to  a 
woman,  who,  on  the  plea  of  being  an  innocent  purchaser  for  valuable  consideration,  applied 
to  have  a  patient  issued  to  her  for  said  entry:  Held,  that  the  applicant  cannot  be  considered 
an  innocent  purchaser  without  notice;  that  the  homestead  right  is  made  dependent  upon  the 
performance  of  cAtain  conditions,  and  purcha.sers  are  bound  to  know  the  law^  and  examine 

the  titles  they  buy('«). 

Purchasers  of  a  homestead  before  patent  have  no  standing  in  a  contest(  ). 

Whqre  one  contest  against  a  homestead  entry  is  pending,  a  second  application   to  contest 

will  be  rejected (i).  u  j       ^ 

In  contest  against  a  homestead  entry  the  character  of  a  witness  may  be  impeached,  and  a 

continuance  had  for  purpose  of  seeming  evidence  in  rebuttal(*). 

No  improvement  and  settlement  made  by  contestee,  after  initiation  of  a  contest  against  his 
entry,  shall  accnie  to  his  benefit,  or  act  to  defeat  the  vested  rights  of  a  contestant  and  apph- 

In  a  case  a  hearing  ordered  in  the  usual  manner  will  not  develop  the  tnith  where  perjury 
of  witnesses  in  making  final  homestead  proof  has  been  alleged,  the  local  officers  may  make 
peisonal  inquiry (■»). 

Relinquishment. 

Relinquishment  obtained  while  the  homestead  party  was  wholly  or  partially  under  the  in- 
fluence of  intoxicating  liquors  is  voidC). 

A  relinquishment  obtained  while  the  claimant  was  in  a  dninken  stupor,  and  objected  to 
afterwards,  cannot  be  considered  a  voluntary  act(«). 

A  relinquishment  to  have  full  force  and  effect  must  have  been  knowingly  and  voluntarily 

made(P). 

It  does  not  appear  that  the  widow  or  heirs,  if  any,  authorized  the  administrator  to  relin- 

quish  their  righU(«).  . 

A  widow  or  adminUtrator  can  alone  relinquish  when  the  sole  heir  of  the  deceased^  ). 


(•)  Thomas  vs.  Thomas,  Land  Owner,  Vol.  10,  p.  19. 
(»>)  Bailey  vs.  Olson,  Land  Orvner,  Vol.  10,  p.  290. 
(•)  Guyion  vs.  Prince,  Land  Onmer,  Vol.  10,  p.  70. 
(«)  Aldrich  vs.  Anderson,  Land  Owner,  Vol.  »o,  p. 

3S8. 
(•)  Bishop  p/.  Porter,  Land  Owner,  Vol.  10,  p.  271. 
(0  Bailey  vs.  OLson,  Land  Owner,  Vol.  lo,  p.  290. 
(f)  Desarchy  vs  Juarei,  Land  Owner,  Vol.  xo,  p.  91. 
(fc)  Mai^aret  Kissack,  Umd  Owner,  Vol.  6,  p.  189. 
(1)  Instructions,  Land  Owner,  Vol.  9,  p.  aio. 
f)  G.  E.  Van  Ostraud,  Land  Owner,  Vol.  9,  p.  7. 


(k)  Packard  vs.  Jackson,  Land  Owner,  Vol.  9,  p. 

187. 
(1)  Instructions,  Land  Owner,  Vol.  7,  p.  39' 
(»)  J.  C,  Tremper,  Land  Owner,  Vol.  6,  p.  X53- 
(■)  Desarchy  vs.  Juarez,  Land  Owner,  Vol.  10,  p. 


91 


(•)  Duncan  vs.  Campbell,  Land  Otvner,  Vol.  10,  p. 


349- 


(p)  Picker  vs.  Murphy,  Land  Owner,  Vol.  10,  p.  377. 
(4)  Sally  Hickok,  Land  Owner,  Vol.  9,  p.  173- 
(')  George  Taylor,  Land  Owner,  Vol.  9,  p.  37- 


t 


<f1 


63 


THE  AMERICAN  SETFLER'S  GUIDE. 


A  homestead  clamant  may  relinquUh  part  of  hh  entty  wi.hou.  assigning  .„y  «.««  for 
^^"(T'         ""^  """"'"'  ^  "'  ""  """  "^'"^  "'  '^"  cancellarion  of  the  remaioing 

In  case  a  homestead  ento-  embmcing  an  area  in  excess  of  .60  acre,  (the  party  paying  for 
such  excess)  .s  canceled  for  relinquishment,  the  pany  f  the  entry  has  no  claim^  L  excej 
in  area  over  160  acres(«).  <:»>.css 

The  purchaser  of  the  relinquishment  of  public  land  entry  gains  no  rights  against  the  United 
States  from  the  mere  fact  of  such  purchase,  and  the  question  of  ^uplicL  sales  or  of  the  ply 
men,  „  non-payment  of  the  purchase  money,  has  no  legal  bearing  in  the  determination  Tf  a 

Where  a  ,«rty  made  a  homestead  entry,  believing  residence  on  the  land  was  not  required 

ctnrrgrtte^d^r''  '"" "'  ^'"""^°" "" ""'"' "  •-' '"'  -'  -""^^- 

vel^toThTro'  "  ""T*"'"'  ''  "''''  "■*  '^'  """''  ""^  "•'  '"*^  ""«  '"'^-doned  re- 
verts  to  the  Government,  and  .s  open  to  settlement  and  entry.     When  the  relinquishment  U 

presented,  the  entry  should  be  immediately  canceled  withou7reference  to  what  ^yZJ. 
quire  a  preference  right  of  entry  by  such  cancellationC). 

In  the  even't  of  a  legal  contest,  pending  when  the  relinquishment  is  fi'led.  the  preference 
right  of  entry  enures  to  the  contestant(').  preierence 

,„l''"i"''f ■""*"'  '^°"'  ""'  °P*"  '*""  '"  P"'"!**™  'm  until  filed ;  if  then  a  legal  contest 
and  application  to  enter  are  pending,  the  contestant  on  the  successful  termination  of  L  con  e« 
has  a  preference  right  of  entry  («).  ^umcsc 

da^gh'e?)"""  "^'"  "^  '""^  ''  ""'  ''"^'''''''  ""*  "*"""'  **  '"■"''"•'^  ''y  "  '■'"''"  ">  I^ 

Pre-emption  Homesteads. 

the'Jleirn ")  '  ''"^""'"°"  "'"^  '°  '  ''°""^"^'''  "''^"^^  -"^  *'  -"<«'^  "^ 
Pre-emption  filing  where  party  has  resided  on  tract  five  years,  may  be  transmuted  to  . 

vel  of      T-         """T  '°  """  "P  -""^  "^  ^''°  ""  -"•  -^X,  if  there  has  l^en  fi.: 
years  of  residence  since  settlement,  (i) 

.rerrH™^''"!  ^o  would  transmute  to  homesteads,  must  give  notice  to  subsequent  home- 
stead  claimants  on  the  same  land  who  may  contest  the  transmutation. (*) 

Soldiers*  Homesteads. 

^^  These  forms  have  been  prescribed  by  recent  regulations  in  view  of  attempted  frauds  on  sol- 
No.  SOLDIER'S  DECLARATORY  STATEMENT. 

''  '  ""^ fr^W .^"IState  or  T^ritory  of- ,  do  .sokmly  swear  that  I  served  for  a  period 


in  the  Army  of  the  United  S^tes  H  .rinl  .^     ""^  °/ 1 Z'  „°  •■'0'^"»|y  **ear  that  I  served  for  a  period 


from,  as  shown  by  a%tatement  o7suc?^r?iceT«thh  »1^^1T^k'°"'  ""'^  ^^'^  honorably  dischaixcd^erT- 
that  I  have  never  made  homestead  en trv^rfi I  7"^*  "7'  *"<1  »hat  I  have  remained  loyai  to  the  Government  • 
Revised  Statutes  ;  that  I  havrSed  «^a  hnm!;f  ^!  ueclaratory  statement  under  sections  ,290  and  2304Vf  the 
my  intention  to  claim  and  en^StSt  t^a^^hls  lo^tion1!s la ^f '  '^'  " "..-"^l  ^erSv  giveVotice  of 
purpose  of  my  actual  settlement  and  culti;adoi  aid  V^t  l^?K  i'^''  '^^  '"^  cxclas.ve  use  anJ  benefit,  for  the 
any  other  person.  cultivation,  and  not  either  directly  or  indirectly  for  the  use  or  benefit  of 

My  present  post-office  address  is 


Sworn  and  subscribed  before  me  this 
[Seal.] 


day  of- 


-,  r8— . 


(■)  Childs  vs.  Cornelius,  LanJ  Owner    Vol    t«  «      I^k    t~^^^  ', 

366.  t^«^rr.  Vol.  xo,  p.     (I)  A.  J.  Doremus,  Land  Owntr,  Vol.  10,  p.  391 


(«>)  J.  L.  Gray,  Land  Owner,  Vol.  6,  p.  153. 
(•)  S.  A.  Baker.  Landowner,  Vol.  10,  p.  360. 
(*)  Andrew  Korbe,  Land  Owner,  Vol.  10,  p.  1,4. 
(•)  John  Garland,  Land  Owner,  Vol.  9,  p.  x68. 
(0  Whitford  vs.  Kenton,  Land  Own*r,  Vol.  10,  p. 
374. 


(*)  Hcnton  vs.  Howard.  Land  Owner,  Vol.  9.  p 

170. 
0)  SUte  vs.  Dorr,  Land  Owner,  Vol.  »o,  p.  31a. 

(i)  F.  D.  Packard,  Land  Owntr,  Vd.  8,  p.  91. 
(k)  Wolf  w.  Stnible,  Land  Oxnur,  Vol.  9  p.  148. 


■^B" 


No. 
I. 


'        THE  AMERICAN  SETTLER'S  GUIDE.  ^ 

SOLDIER'S  DECLARATORY  STATEMENT  (FILED  BY  AN  AGENT). 

• ^ rountv  and  State  or  Territory  of ,  do  solemly  swear  that  I  served  for  a  period 

>f  .-iTn  ATT^i^y'^nh;  US^  St^t«  iuri^^^^^^  ^"d  was  honorably  discharged  there- 

%^;nrshoSJ  bj^^sutiment  of  ^ch  service  herewith,  and  that  I  have  remained  loyal  to  the  Government ; 
SS?l"avc^er  made  homestead  entry  or  filed  a  declaratory  statement  under  sections  "9o^o4.  or  ^^ogof 
p^p.:,Su.u.^;.^^.  I  have  ^P^ij^e^ro:n;y1nTs;rt7ofii^^^ 

S^t  ci?3:r^.s^d\"^»^^foTi^and^;r^^ 

.mdeVthe  aforesaid  »<^tions  •  and  I  hereby  give  notice  of  my  intention  to  claim  and  enter  said  tract  un<ler  saia 
;^uue     th«^  loS  orheSn  LthorizeT  is  made  for  my  exclusive  use  and  b-"-^^  f  ^^  P"7;^„VJ,S 

Lvsn^iir^a^^rr^^^ 

Sworn  and  subscribed  before  me  this day  of .  18-.  and  I  certify  that  the  foregoing  declaration 

was  fully  filled  out  before  being  subscribed  or  attested.  

[Official  seal.]  ," 

By  virtue  of  the  foregoing,  and  of  a  certain  power  of  attorney  therein  n»™^d   duly  ««=^t«d_^ '^jJ^-^^^J 

of-—^.  and  filed  herewith.  I  hereby  select  the as  the  homestead  claim  of ITrTT'  ^  .hat  I  have 

«d<lo  wlemnly  swear  that  the  same  is  filed  in  good  faith  for  the  purposes  therein  ^P^^'fi^^^'.^f^'^J^^^^ 
00  interest  or  authority  in  the  matter,  present  or  prospective,  beyond  the  filing  of  the  same  as  {he  true  and^aw 
kil  agent  of  the  said  — ,  as  provided  by  section  3309  of  the  Revtsed  Statutes  of^Ae^Umt.d  b^^es.       ^ 

Sworn  and  subscribed  before  me  this day  of ,  18—. 

[Official  seal.] 

The  filing  of  a  soldier's  declaratory  statement  is  a  personal  privilege,  and  should  not  be  con- 
strued  to  his  injury.  A  soldier  who  made  and  abandoned  an  original  homestead  of  80  acres 
prior  to  June  1874,  may  make  an  additional  entry-  of  80  acres  more(»). 

Application  to  file  pre-emption  and  homestead  declaratory  statement  at  the  same  time  will 

be  rejected(*). 

A  settler,  a  part  of  whose  claim  is  surveyed,  is  not  bound  to  file  his  declaratory  statement 

until  the  plat  of  the  other  township  is  first  filed  in  the  local  office(°). 

A  pre-emptor  may  settle  on  land  covered  by  a  soldier's  filing  and  file  his  pre-emption  de- 
claratory statement.  After  the  homestead  party  has  made  entry,  the  pre-emptor  is  not  de- 
prived of  his  privilege  of  making  proof  and  payment  because  of  a  third  party's  contest  against 
the  said  homestead  entr)'("*). 

Where  good  cause  has  prevented  entry  and  an  adverse  right  has  been  admitted,  it  will  be 
held  proper  within  the  discretion  of  the  General  Land  Office  to  allow  the  soldier  to  make  an 
entry  upon  another  tract :  Provided,  That  it  shall  be  shown  to  the  full  satisfaction  of  the  Com- 
missioner that  the  default  was  practically  beyond  the  power  of  the  claimant  to  avoid(«). 

Where  a  soldier  who  failed  to  make  entry  finds  that  another  party  has  homesteaded  the 
land  embraced  in  his  declaratory  statement,  he  may  commence  contest  for  abandonment  if  the 
other  party  has  not  had  a  legal  residence  on  the  land('). 

A  homestead  party  must  in  person  make  entry  and  commence  settlement  and  improvements 
on  the  land  claimed  within  six  months  from  date  of  his  declaratory  statement(K). 

Six  months'  additional  time  after  entry  is  not  allowed  in  soldiers'  homestead  cases(*»). 

Notwithstanding  a  soldier  did  not  live  to  serve  ninety  days,  his  widow  will  be  allowed-  to 
apply  the  term  of  his  enlistment  under  section  2307  R.  S.(*).   ^ 

A  soldier  while  serving  in  the  Army  cannot  acquire  title  to  land  as  a  homestead  until  his 

term  of  service  expires(J). 

The  "Home  Guards"  of  the  Sute  of  Missouri  are  not  entitled  to  make  additional  home- 
stead entries  under  section  2306  R.  S.(^). 

A  soldier  may  enter  less  land  than  he  is  entitled  to.     The  balance  is  waived(*). 

Where  a  soldier  was  taken  prisoner  and  paroled,  and  was  discharged  by  reason  of  such 


(•)  tiannah  vs.  Gerard,  Land  Owner,  Vol.  10,  p.  229. 
(*)  Helen  and  Kenyon,  Land  Owner,  Vol.  9,  p.  213. 
(•)  Instructions,  Land  Owner,  Vol.  10,  p.  345. 
(*)  John  W.  Deen,  Land  Owner,  Vol.  10,  p.  153. 
(•)  General  Land  Office  Circular,  March  i,  1884,  p.  23- 
0  J.  H.  Hosmer,  Land  Oxvner,  Vol.  10.  p.  92. 


(8)  W.  H.  Hycrs,  Land  Owner,  Vol.  10,  p.  4- 

(>>)  Lloyd  H.  Dillon,  Land  Owner,  Vol.  10,  p.  70. 

(»)  Justus  E.  Casey,  Land  Owner,  Vol.  6,  p.  17a.  ' 

(J)  Charles  Harris,  Land  Owner,  Vol.  6,  p.  190. 

(k)  Wilson  Miller,  Land  Owner,  Vol.  6,  p.  190. 

(>)  Columbns  J.  James,  Land  Owner,  Vol.  9  p   t66 


5; 
8' 


84 


THE  AMERICAN  SETTLER'S  GUIDE 


puole,  he  would  be  enUtled.  in  computing  re«dence  on  Ws  homestead  entry,  to  er^dit  for  hi. 
«  term  of  enhstment,  provided  always,  that  at  leas,  on.  year's  residence  is  had  on  th!  W 

The  entire  term  of  enlistment,  without  reference  to  when  the  war  ot  the  rebellion  closed 
'ovems  m  computing  the  time  in  .  soldier's  homestead  entry  ^  ' 

iht!ZL7l^t7l''7  T^  '  '"'■"""^•'  ""^'  «  --^h'  ^he  may  marry  without  losing 
tiie  credit  of  her  first  husband's  term  of  enlistmentC) 

^!i:i:zr:,^XH')  "''  '■°""""'''"  '^  -  -'""  •"^'•-  ^'■'"-  ""^"  ">« 

soMe^rslTntr'  r  "*''  i."  '""""""'  •"'""  "'^'''  '"  ■"'"<"  "T'''"  'WW'^n  °f  deceased 

fitotL  child    "    r  r"' ""  "PP'"^"""  '«'"S  "g""'  ''^""  ^""i-  fo'  'he  bene, 

fit  of  the  children,  who  must  be  named.     The  guardian  must  appear  af  the  local  land  office 

«.d  make  the  required  affidavit,  unless  he,  or  some  one  of  the  mTor  child«„  a„  ac  ually^' 

forTe  11'       Vff  ^^'"  ""'"•  "'"'  '•  -""^  '^  -•"  "-fo-  the d'erko     :fL"" 
lie  ofTe  J      f ,  .    "  '"""''•     '"  ''"^  "•"=  """"^  '='•»<'  -  children  should  be- 

^Irs  ^vicel  ,t  °'  T°'  °^'""  '""'''"  ^  "'"''  -^  •««««  »f  »  deceased 

soioier  s  service  m  the  army  m  making  an  original  homestead  entiyr^) 

chi-ld  of'^Tel  '"  1  *'?r""'*  '"'^  '°"''  ^  *  e^'''"  f"  **  '«"^«'  of  'he  minor  orphan 
.  W  or  ntttt  """  ^"^  "  ""  '^'"^"'  """""  "'  "  ^"^  '^  "'  "«'  »'"- 

-d^LlT  l^t2  """'?  "  ''°'"'''"''  """^  '■°'"'^  ""-  °n>han  ehild  of  a  deceased  soldier. 

A  certificate  of  right  to  make  a  soldier's  addiUonal  homestead  entry  for  10.85  acres  may  be 
ocated  on  a  4^acre  tract,  by  paying  for  the  excess  in  cash.     In  lo^ng  s!ld  e"Te,^fiL« 

quantity  less.     Ihus  a  7^  acre  certificate  wUl  locate  ,5  acres  or  less  quantityf.). 

house  anrothr^"'  """'""'  '""^  """'"  ""  """"  •"»"  ""<"  o"  "hich  ie  located  the 
house  and  other  improvements  of  an  actual  settler  who  has  asserted  hU  right  to  the  land  by  . 
pre-empuon  filing  or  homestead  entryC).  ^ 

•       Act  of  June  16,  1880  (p.  51.). 

A  eontest  with  the  govemmem  on  allegation  of  fraud  is  not  a  cont»t  with  adverse  claim, 
and  cannot  be  brought  within  the  aci  of  Inn.  ./;  .««„     11      ■  >  "mi  .averse  ciauns, 

^jjrtj  '^  ""  '"'  '"  °'  J""*  '"•  'WO.  allowing  repayment  for  erroneous  en 

Repayment  will  be  allowed  under  act  of  June  16;  ,880,  where  a  second  and  therefore  Ulegal 
homestead  entry  was  made  though  ignorance  of  the  law(J).  ^ 

Act  of  March  3,  1879.  (p.  ay.) 

kL^T^^^T  '""If  ':  ""'  •""'"^"'"'  '"»  '^'"^  »  ''°"«»"»<'  "'^  ""dcr  Ac.  of    ■ 
March  3,  1S79,  who  would  otherwise  be  qualified(») 

^The  Act  of  March  3,  ,879,  includes  widows  and'aU  who  succeed  to  the  right  of  the  claim- 


(•)  O.  H.  Quimby,  La„J  Owner,  Vol.  lo,  p   394 
C»)  Elizabeth  Porter,  Land  Owmer,  Vol.  10.  p.  344 
(•)  Maria  J.  Stuart,  Land  Owner,  Vol.  7.  p.  148. 
(«)  W.  A.  Sickler,  Land  Owner,  Vol.  xi,  p.  38. 
(•)  E.  J.  Records,  Land  Owner,  Vol.  10,  p.  256. 
(0  J.  F.  FoUora.  Land  Owner,  Vol.  10,  p.  394 
(Ri  William  H.  Glass.  Land  Owner,  Vol.  10. p.'  70. 


(>»)  Brooks  w.  Tobien,  Land  Owner ,y o\.  xo.  p.  5 
{«)  Thomas  Guinea*,  Zai«</  CHwi^,  Vol.  9,  p.  153. 
(J)  Duthii  B.  Snody,  Land  Owner,  Vol.  xo.  p.  xo. 
0>  EdaM.  Camochan,  Land  Owner,  Vol.  8,  p.  tax. 
0)  Annie  Anderson,  Land  Owner.  Vol.  8,  p.  177. 
(■)  Joseph  Birchfieid,  Land  Owner,  VoL  10.  p.  37. 


THE  AMERICAN  SETTLER'S  GUIDE. 


05 


When  an  additional  homestead  entry  is  made  under  the  Act  of  March  3,  1879,  the  land  em^ 
tnraced  need  not  be  actually  cultivated  to  crop(»). 

A  party  who  entered  80  acres  of  land  under  the  homestead  laws,  and  received  patent  there^ 
or  cannot  relinquish  his  entry  and  make  another  one  under  the  act  of  March  3,  i879(*). 

Because  part  of  the  land  in  a  hoAestead  entry  is  beyond  a  railroad  grant,  should  not  prevent 
|n  additiopal  homestead  entry  under  the  Act  of  March  3,  i879(«). 

Under  Act* of  March  3,  1879,  no  credit  is  allowed  for  settlement  prior  to  entry(«). 

Under  same  act  a  homestead  entry  was  allowed  notwithstanding  no  settlement  was  made 
under  original  entry(»). 

Parties  making  new  or  additional  entries  under  the  Acts  of  March  3,  i.879»  ^^^  Ny  '»  '879» 
have  seven  years  within  which  to  make  final  proof ('). 


(•)  Eben  M.  Gordon,  Land  Owner,  Vol.  9,  p.  X48. 
(*)  George  G.  Brewer,  Land  Owner,  Vol.  xx,  p.  4. 
(•)  Benjamin  Geyler,  Land  Owner,  Vol.  9,  p.  1x6. 

5 


(4)  John  Casson,  Land  Owner,  Vol.  8,  p.  35. 
(•)  Antoo  Rager,  Land  Owner,  Vol.  8,^.  3$.  • 
(«)  Jemlna  Benbow,  Land  Owner,  Vol.  xo,  p.  aaS. 


? 


CHAPTER    IV. 

PRE-EMPTIONS. 
I.  Pre-emption  Claims. 

The  principal  difierence  between  the  homestead  and  the  pre-emption  pririlege  is  :  I.  Thai 
beyond  the  small  fees  and  commissions  to  the  Registers  and  Receiren,  nothing  U  paid  for  the 
Und  homesteaded,  whereas  I1.25  or  I2.50  per  acre  in  money  or  its  equivalent  must  be  paid  for 
the  land  pre-empted.  Formerly  the  homestead  right  commenced  from  date  of  entry  at  the  local 
land  office,  while  the  pre-emption  right  was  initiated  by  settlement  on  lands  subject  thereto; 
But  by  Act  of  Congress  of  May  14,  1880  (see  last  chapter),  a  homestead  claim  is  allowed  to 
relate  back*  to  date  of  settlement,  like  a  pre-emption  claim. 

The  principal  resemblances  are :  i.  That  certain  time  is  allowed  after  the  first  papers  are  filed 
in  the  land  office  within  which  final  proof  must  be  made.  2.  Residence  and  cultivation  and 
improvements  are  necessary  to  secure  tide.  *  3.  SetUement  may  be  made  on  unsurveyed  land. 

Formerly  the  homestead  right  could  attach  only  to  surveyed  land.  In  this  respect  it  then 
diffisred  from  the  pre-emption  right  At  present  there  is  no  such  difference  between  the  two 
kinds  of  claims. 

Pre-emptions  are  admissible  to  the  extent  of  one-quarter  section  or  one  hundred  and  sixty 
acres  of  «  offered  "  and  «  unoffered,"  "  minimum  "  and  «  double-minimum  "(•)  lands,  and  upon 
any  of  the  unsurveyed  lands  belonging  to  the  United  States  to  which  the  Indian  tide  is  extin- 
guished, aldiough  in  the  case  of  unsurveyed  lands  no  definite  proceedings  can  be  had  as  to 
completion  of  tide  until  after  die  surveys  are  extended  and  officially  returned  to  die  district 
land  office. 

Where  die  tract  is  ''offered''  land,  the  party  must  file  widi  die  district  land  officere  his  declara- 
tory  statement  as  to  die  fact  of  his  setdement  widiin  thirty  days  from  die  date  of  said  setdement, 
form  below,  and  widiin  one  year  from  date  of  settlement  must  appear  before  the  Register  and 
Receiver  and  make  proof  of  his  actual  residence  on,  and  cultivation  of,  die  tract,  and  secure  die 
same  by  paying  cash,  or  locating  thereon  military  bounty-land  warrants,  or  agricultural-college 
or  other  scrip,  according  to  law. 


I. 
the 


DECLARATORY  STATEMENT  FOR   CASES   WHERE  THE  LAND  CLAIMED  IS  SUBJECT  TO 

PRIVATE  ENTRY. 
-,  of ,  being 


'    -         .    '  ^--~-«»       —"»  ^*ve,  since  the  first  day  of  A.  D..  x8—  settled  anH  imnrnwa.1 

v.s^.t  ^^^l^'^'^r  ^°-  —a'  '"^  '°-^?"^P  N^-  — '  °^  ^^  No.  -^,  in'tir^IstriS  of  UnHu^ 

to  sale  at  the  land  office  at —,  and  containmg acres,  whichland  had  bien  rendered  subject  Ui^S^ 

tfUry  pnor  to  my  settlement  thereon ;  and  I  doliereby  declare  my  intention  to  claim  the  said  trSt  of  lind^ 
pre-emption  nght,  under  section  2259  of  the  Revised  Statutes  of  the  United  States.  * 

Given  under  my  hand  this         ■    day  of ,  A.  D.,  18 

In  presence  of  .  ..  """""  • 


Where  die  tract  has  been  surveyed  and  not  offered  at  public  sale,  die  claimant  must  file  his 
declaratory  statement  widiin  three  months  from  date  of  setdement,  and  make  proof  and  payment 
within  thirty  months  after  die  expiration  of  die  diree  mondis  allowed  for  filing  his  declaratory 
notice,  or,  in  odier  words,  widiin  thirty-three  months  from  date  of  setdement. 

Where  setdements  are  made  on  unsurveyed  lands,  setders  are  required,  widiin  diree  mondis 
after  die  date  of  die  receipt  at  die  district  land  office  of  die  approved  plat  of  die  township 
embracing  dieir  claims,  to  file  dieir  declaratory  statement  widi  die  Register  of  die  proper  land 
office,  as  in  cases  of  nnoffered  land  above,  and  diereafter  to  make  proof  and  payment  for  the 

(•)  The»«  four  terms  were  explained  in  the  first  chapter. 

(«6) 


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THE  AMERICAN  SETTLER'S  GUIDE. 


«7 


tract  widiin  thirty  mondis  from  the  expiration  of  siid  three  months.  The  local  officers  usually 
publish  a  notice  when  the  plat  is  filed. 

When  two  or  more  setders  on  unsurveyed  land  are  found  upon  survey  to  be  residing  upon,  Ok 
to  have  valuable  improvements  upon,  the  same  smallest  legal  subdivision,  they  may  make  join4 
entry  of  such  fauct,  and  separate  entries  of  die  residue  of  their  claims.  This  joint  entiy  may  be 
made  in  pursuance  of  contract  between  the  parties,  or  without  it 

DECLARATORY  STATEMENT  FOR   CASES  WHERE  THE  LAND  IS  NOT  SUBJECT  TO  PRIVATE  ENTRY. 

.v!' ~~'  <»/ r-'  \^Z :-.  ^a^,  on  *e day  of  A.  D.,  i8— ,  settled  and  improved 

"**  1 — 7  quarter  of  secuon  No. in  township  No. ,  of  range  No. ,  in  the  district  of  lands  subject 

1        a* /J^e  land  office  at ,  and  contoining acres,  which  land  has  not  yet  been  offered  at  puhUc 

sal^  and  thus  rendered  subject  to  private  entry;  and  I  do  hereby  declare  my  intention  to  claim  the  said  tract  of 
land  as  a  pre-emption  nght  under  section  2259  of  the  Revised  Sututes  of  the  United  States. 

Oiven  under  my  hand  this day  of ,  A.  D.,  18 

In  presence  of  —————. 


a.  WHO  ARE  QUAUFIED  PRE-EMPTOJIS. 

The  pre-emption  privilege  is  restiicted  to  heads  of  families,  widows,  or  single  persons  over 
the  age  of  twenty-one,  who  are  citizens  of  die  United  States,  or  who  have  declared  dieir  inten- 
tion to  become  citizens,  as  required  by  die  naturalization  laws.  This  does  not  include  Indians, 
except  such  as  have  ceased  dieir  tribal  relations  and  been  declared  Citizens  by  ti-eaties  or  acts  of 
Congress. 

Those  are  excluded  who  own  diree  hundred  and  twenty  acres  of  land,  who  have  left  agricul- 
lural  land  of  their  own  (not  a  town  lot)  in  die  same  State  or  Territory,  and  diose  who  intend  to 
settle  for  the  purpose  of  speculation  instead  of  cultivation  and  residence.* 

If  a  single  woman  marry  after  filing  her  declaratory  statement,  she  abandons  her  right  as  a 
pre-emptor(a). 

Under  die  pre-emption  laws,  die  "head  of  a  family"  means  die  actual  living  head  of  a  femily. 
A  deserted  wife  or  one  whose  husband  is  a  confirmed  drunkard  may  be  die  head  of  a  family(*). 

A  married  wcnnan  who  has  minor  children  and  has  been  abandoned  without  cause  by  her 
husband  and  left  to  support  and  maintain  herself  and  children,  is  the  head  of  a  family,  and  en- 
tided  to  pre-empt  in  her  own  name(*). 

A  party's  declarations  of  being  a  naturalized  citizen  or  having  declared  his  intentions  to  be- 
come a  citizen  are  not  competent  evidence,  diough  his  declarations  diat  he  is  not  a  citizen  are 
competent(*). 

A  party  cannot  hold  public  land  as  a  tenant  for  a  claimant  under  the  pre-emption  law(«). 

A.  SETTLEMENT  AND  FIUNG. 

From  the  moment  a  claimant  enters  upon  land  subject  to  pre-emption  with  the  intention  of 
remaining  and  entering  the  land  according  to  law,  and  does  some  act  showing  such  intention,  he 
U  a  setder(').     Such  act  may  consist  in  erecting  a  house,  clearing  timber,  building  fences,  etc 

Having  made  a  settlement,  his  next  step  towards  securing  tide  is  die  filing  of  his  declaratory 
statement  within  the  time  specified,  or  he  will  be  liable  to  lose  his  claim. 

The  pendency  of  a  contest  between  two  pre-emption  claimants  does  not  exclude  pre-emption 
settlement  and  filing.     They  may  be  made  subject  to  die  decision  in  die  contest  pending(«). 

The  filing  of  a  declaratory  statement  before  setdement  is  a  nullity. 

A  setder  may  file  a  second  declaratory  sUtement  for  the  same  tractC'). 

A  settler  can  make  but  one  legal  filing  under  the  pre-emption  laws(*). 

But  one  pre-emption  right  is  extended  to  the  setder,  and  only  one  declaratory  statement  can 
be  legally  filed  by  the  same  party(J).  , 


i'i  £«h  ^*^  h'  ^^^'*  ?J*^''*i  ^°iH'*^' fv'^^*  ^>  Wakeman  vs.  Bradley,  Land  Owner,  Vol.  a,  p.  i6. 
(•)  Sarah  E   R.  Hazclngg,  Copp's  Public  Land  Laws,  p.  286.  'i**   *- 

<4)  Walker's  Heirs  vs.  California,  Copp's  Public  Land  Laws,  p.  287. 


•)  Dilla  vs.  Bohall,  Land  Owner /Sq\.  4,  p.  162. 
,c)  Schafer  vs.  Schcibci  et  al.,  Copp's  Public 
(k)Wm.  L.  Philips,  Land  Owner /\<A.  8,  p.  139 


\ 


(0  Allman  vs.  Thulon,  Copp's  Public  Land  Laws,  p.  600 
Land  Laws,  p.  29a. 


;c)  Schafer  vs.  Schcibci  et  al.,  Copp's  Pub 

;k)  Wm.  L.  Philips,  Land  Owner  Vol.  8,  i 

0)  Maria  Stevens.  Lakd  Owner,  VoL  4  p.  39  "        (J)  Minor  vs.  Briggs,  Land  Owner,  Vol.  4,  p.  te. 

•Austrian  vs.  Hogan,  Land  Owner,  Vol.  6,  p.  ija^^  .  *.  »».  «5P. 


66 


THE  AMERICAN  SETTLER'S  GUIDE, 


Section  2261,  Revised  Statutes,  forbids  second  filings  where  the  first  is  legal 
Local  officers  are  directed  to  allow  no  second  or  amended  filings  without  first  submitting  the 
facte  tD  the  Commissioner  of  the  General  Land  Office,  and  after  receiving  formal  authority  for 
fuch  actioii(»).  ' 

A  declaratory  statement  can  be  amended  only  in  case  of  mistake  or  misdescription(*) 

To  allow  a  second  filing  by  one  who  knew  his  first  fiUng  was  illegal,  and  who  claims  to  be 

benefited  by  the  illegality  of  his  first  filing,  would  be  allowing  a  party  to  take  advantage  of  his 

own  wrong,  and  encourage  others  to  wrong-doing,  by  removing  the  penalty  therefore). 
A  sccoivd  filing  is  allowed  in  case  of  a  minor,  a  b<mafide  settler,  on  becoming  of  age,  as  an 

amendment,  to  correspond  with  the  facts  of  his  legal  settlement,  provided  there  is  no  adverse 

claim(«). 

Where  a  party  filed  on  land  not  habitable  for  agricultural  purposes,  but  which  was  dearly 
swamp  land,  a  second  filing  wiU  be  allowed  on  land  properly  agricultural  in  charactcrC) 

In  case  it  satisfactorily  appears  that  a  pre-emption  settler  has  made  an  error  in  his  declaratory 
statement,  so  that  a  tract  he  has  improved  has  been  excluded  therefrom,  he  is  aUowed  to  amend 
his  declaratory  statement  so  as  to  include  said  tract,  subject  to  an  adverse  clalm(»). 

A  pre-cmptor  who  has  misdescribcd  the  land  embracing  his  residence  and  improvements  is 
aUowed  to  amend,  unless  bjphis  own  laches,  negligence  or  dcckrations,  he  has  barred  his  right 
in  favor  of  an  adverse  interest(«). 

A  widow  who,  by  mistake,  filed  a  declaratory  statement  in  her  own  name,  instead  of  for  "the 
heiis,"  will  be  allowed,  on  a  proper  showing,  to  amend  her  filing.  Such  mistake  does  not 
operate  to  defeat  the  rights  of  the  heirs  under  the  pre-emption  law$(k). 

A  dedaratory  statement  on  file  in  the  proper  office  is  notice  to  the  worid  of  the  location  and 
extent  of  a  pre-emption  claim ;  and  no  subsequent  amendment,  except  for  error  or  mistake,  can 
operate  to  defeat  a  right  initiated  prior  to  such  amendment(>). 

A  party  whose  application  to  file  a  declaratory  statement  is  rejected  has  a  right  to  appeal. 
His  failure  to  do  so  wiU  conclude  any  right  he  may  hare  had  to  the  land  claimed  at  the  time  of 
such  refusal(J). 

AU  rights  of  pre-emption  existing  iri  any  person  upon  land  in  a  township  offered  at  public  sale 
are  extinguished  on  the  day  appointed  for  the  commencement  of  the  sales,  if  not  asserted  prior 
to  the  date  of  sale,  and  no  rights  can  descend  to  heirs  based  upon  setUement  prior  thereto. 

Land  designated  as  mineral,  but  actually  agricultural  in  character,  is  only  subject  to  pre- 
emption after  its  segregation  from  the  mineral  lands  by  the  Secretary  of  the  Interior(»). 

After  land  has  been  proclaimed,  no  filing  can  be  recdved  until  after  the  offering— /rwii/^y 
die  land  still  remains  unsold. 

A  party  settled  on  unsurveyed  knd.  When  a  certain  township  was  surveyed,  a  part  of  his 
claim  was  found  therein,  the  balance  being  in  an  adjoining  unsurveyed  township.  The  settler 
filed  for  the  portion  of  his  claim  which  was  surveyed,  and  gave  notice  that  he  claimed  land  in 
the  adjoining  unsurveyed  township.  The  time  within  which,  by  law,  he  was  required  to  prove 
np  his  claim  was  about  to  expire,  and  the  other  township  had  not  been  surveyed;  It  was  held  by 
the  Land  Department  that  after  the  other  township  should  be  surveyed,  and  the  plat  thereof 
returned,  the  setUer  should  be  allowed  the  usual  time  within  which  to  file  his  declaratory  state- 
ment  and  prove  up  and  pay  for  his  entire  claim(*). 

A  pre-emption  setUer  on  unsurveyed  lands  is  not  bound  to  file  his  declaratory  statement  until 
after  an  approved  survey  has  been  made  which  shall  enable  him  to  describe  the  land  chiimcd  by 
proper  legal  sub-divisions.    Where  part  only  of  his  claim  has  been  surveyed,  he  is  not  bound  to 


THE  AMERICAN  SETTLER'S  GUIDE. 


69 


(•)  D.  C  BrowneU,  JJmd  Owntr,  VoL  4,  p,  41. 
(»)  D.  A.  Snyder,  Land  Owner,  Vol.  a,  p.  116. 
(•)  French  r#.  Tatro,  L^nd  Owner,  VoL  3.  p.  x66. 
(•)  F.  L.  Goings,  Land  Owner,  Vol.  4,  p.  117. 

(f)  Jeff.  Newcomb,  Land  Owner,  Vol.  «,  p.  i6t.  ^  , 

WUnivwIty  of  CaU.  «,.  Block,  Copp's  PubUc  Land  Ut^,  p.  3,,. 

Q)  Brown  w.  White,  Copp's  Public  Land  Laws,  p.  998. 

W  Toag  w.  Hall  et  a/..  Land  Owner,  Vol  3,  p.  3.       0)  Wn».  McHenry.  Copp's  Public  Land  Uwt,  p.  ^ 


(0  Instructions,  Land  Owmr,  Vol,  5,  p.  14S. 
0)  Elirabeth  Luce,  Land  Owner,  Vol.  i,  p.  si 


file  until  after  the  entire  tract  claimed  has  been  surveyed  and  plat  thereof  returned  to  the  local 
office(*). 

A  party  wlio  filed  on  an  eighty-acre  tract,  caimot  be  allowed  to  file  for  an  eighty-acre  tract 
djoining  upon  die  cancellation  of  a  homestead  entry  thereon(^) . 

Land  covered  by  a  homestead  is  subject  to  a  pre-emption  claim  initiated  prior  to  the  homestead, 
and  filing  should  be  received  within  the  legal  period  after  setdement(*) . 

The  local  land  officers  have  no  authority  to  receive  applications  to  file  or  enter  land  which 
is  in  a  state  of  reservation,  and  hold  them  until  the  reservation  is  removed,  and  then  place  them 
on  record,  in  order  to  advance  the  interests  or  accommodate  any  individual(*). 

Where  land  has  been  reserved  and  then  released  from  such  reservation,  the  rule  is  to  give 
notice  by  publication  when  the  land  will  become  subject  to  appropriation.  A  pre-emptor  who 
has  been  living  on  such  land  will  have  preference  over  a  pre-emptor  who  makes  settlement  on 
the  day  the  land  becomes  subject  to  appropriation,  other  things  being  equal(«). 

A  settler  who  in  good  £uth  is  residing  on  a  tract  of  land  covered  by  a  homestead  entry  at  the 
date  of  the  cancellation  of  said  entry,  has  a  superior  right  to  said  tract,  if  he  file  under  the  pre- 
emption law  in  time,  to  a  person  who  merely  makes  a  homestead  entry  on  die  land  the  day  the 
prior  entry  is  canceled('). 

Where  a  pre-emptor  tenders  his  declaratory  statement  for  a  tract  of  land  before  another  pre- 
emptor  has  fully  completed  his  entry,  by  making  payment  for  the  same  tract,  the  declaratory 
statement  should  be  received  and  the  party  allowed  a  regular  hearing  before  the  local  officers(«). 

The  cancellation  of  a  filing  upon  ex  parte  affidavits  is-error(»^). 

Land,  when  once  appropriated  under  the  Homestead  Law,  is  thereafter  removed  bom.  pre- 
emption settlement  and  homestead  entry,  and  can  only  be  again  subject  to  them  by  a  cancellatioQ 
of  the  homestead  entry  in  the  manner  prescribed  by  law.  Such  cancellation  becomes  effective 
at  the  date  of  the  receipt  of  the  order  therefor  at  the  local  office(*»). 

Lands  covered  by  unexpired  homestead  filings,  may  be  filed  upon  under  the  pre-emption  laws 
subject  to  the  homestead  filings('). 

A  party  cannot  file  under  tie  pre-emption  and  the  homestead  law  at  the  same  time. 

e.   RESIDENCE  AND  IMPROVEMENTS. 

The  suffidency  of  resndence  and  improvements  is  a  question  of  fact  to  be  decided  from  the 
drcumstances  of  each  case.     The  good  faith  of  every  claimant  must  be  clearly  proven. 

Where  a  party  is  very  poor,  a  dug-out  in  the  side  of  a  hill  or  a  sod  house  is  a  satisfvtory 
place  of  abode,  and  four  pre-emptors  may  combine  to  erect  a  house  on  the  comer  common  to 
their  claims,  but  each  pre-emptor  must  reside  in  his  own  part  of  the  house(^).  Should  one  of 
them  be  unmarried,  he  may  board  in  the  family  of  a  married  pre-emptor. 

A  public  officer  may,  during  the  term  of  his  office,  actually  reside  at  the  capital  or  other  place 
required  by  law  for  him  to  reside,  without  losing  his  legal  residence(*). 

Where  it  can  be  shown  that  such  public  officer  in  good  faith  intended  to  appropriate  certain 
prembes  under  the  pre-emption  law,  and  that  after  residing  thereon  for  several  years  he  left  for 
temporary  purposes  only,  retaining  actual  possession  of  the  land  during  such  absence,  he  carmot 
be  said  to  have  abandoned  either  the  premises  or  his  claim  under  the  pre-emption  laws(*). 

Should  a  claimant  settle  late  in  the  autumn  in  a  cold  climate,  or  severe  droughts  or  other 
good  cause  prevent  extensive  cultivation,  or  lack  of  means  seriously  interfere,  few  improve- 
ments and  little  cultivation  would  be  required  by  the  Land  Department 

1 — — — — 

(•)  P.  A.  Roundtre«,  Copp's  Public  Land  Laws,  p.  296.    (»)Daniel  Ashcon,  Land  Owner,  Vol.  4,  p.  xf  7. 

(•)  Keisker  v».  Johnson  et  al.,  Copp's  Public  Land  Laws,  p.  319. 

(4)  McKee  vs,  Walther  et  al..  Land  Owner,  Vol,  5,  p.  84. 

(•)Timmons  vs.  Gleason,  Land  Owner,  VoL  3,  p.  71. 

(f)  Born  vs,  Clemons  et  al,.  Land  Owner,  Vol.  i,  p.  67. 

(I)  Conroy  vs.  Phillips  et  al.,  Copp's  Public  Land  Laws,  p.  397. 

(k)Crystal  vs.  Dahl,  Eno  pf.  McDonald,  Copp's  Public  Land  Laws,  p.  316. 

0)  Instructions,  Land  Owner,  Vol.  x,  p.  163.  (J)  Wright  vs.  Wood, Copp's  Public  Land  Laws,  p.  304. 

(k)  Benson  vs.  Western  Pacific  R.  B  .  Co.,  Copp's  Public  Land  Laws,  p.  412. 


^1 

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70 


THE  AMERICAN  SETTLER'S  GUIDE. 


d.   PROOF  AND  PAYMENT. 

Within  the  time  specified  on  page  66,  proof  of  compliance  wuh  the  law  and  payment 
of  th«  money  due,  or  its  equivalents  in  warrant  or  scrip,  must  be  made.  Published  notice  must 
be  given  and  proof  thereof  presented  as  set  forth  in  homestead  cases. 

The  affidavit  required  may  be  made  now  before  the  clerk  of  the  county  court,  while  the 
evidence  of  witnesses  may  be  taken  before  any  officer  authorized  to  administer  oothsC) 

Any  person  swearing  falsely  forfeits  aU  right  to  the  land  and  to  the  purchase  money,  and  is 
liable  to  prosecution  under  the  criminal  laws  of  the  United  States. 

AFFIDAVIT   REQUIRED   OF  PRE-EMPTION  CLAIMANT. 

-  oSion  nI? *lf^  ^<?'toZS  No^ "  '"^T  "'^  °t5  "^^  ^^"1^  S^'"»«  °*  »»»«  United 

any  way  or  manner,  with  an^  persin  or  pc,^«  wJiomlSi^?  bv  Xc^^^^^^  any  agreement  or  contract,  in 

Government  of  the  United  Sutcs  .houldSur..  in  .^^ri'llr^X^lX:^^,  o 'rnVpc'iVeX'e  ^^^ 

,  do  hereby  c«rtify  that  the  above  affidavit  was  subM^ib^'nd 


I. 

States,  to  the 
solemnly 


I. ,  ot  the  land  office  at 

sworn  to  before  me  this .  day  of 


-,  A.  D.,  X 


Where  a  pre-emptor  swears  falsely,  and  his  entry  is  canceled  because  of  fmud,  the  Supreme 
Court  Scnp  used  m  payment  of  his  claim  is  forfeited  like  a  money  payment,  and  can  not  be 
returned  even  to  innocent  vendees  of  the  claimantC*). 

Payment  for  public  lands  is  required  by  law  to  be  made  to  the  Receiver.  He  is  the  only 
officer  authorued  to  receive  such  moneys.  Registers  are  not  so  authorized,  and  parties  en- 
trusting Oieir  money  to  a  Register  do  so  at  their  own  risk.  The  official  bondsmen  of  Registers 
cannot  be  held  liable  for  a  breach  of  private  trust  by  their  principals(«) 

A  hearing  may  be  ordered  after  final  proof  has  been  made  in  a  pre-emption  case  to  asce^- 
tain  fraud  reported  by  a  special  agent  (*). 

A  proclamation  is  held  to  be  sufficient  notice  to  a  pre-emption  claimant,  to  perfect  any  pre- 
ferred nght  that  he  might  have  on  lands  which  are  offered  for  sale  by  such  proclamation;  and 
where  a  pubhc  notice  was  duly  published  at  the  place  whereat  interested  parties  were  bound 
to  seek  mformation  regarding  the  public  lands,  a  failure  to  learn  of  it  isi  their  neglect  only 

A  nouoe  to  pre-emption  claimants  to  prove  up  their  claims  before  date  of  pubUc  sale  is  « 
gratia,  and  the  absence  of  such  notice  would  not  invalidate  the  sale(») 

W&ere  a  county  embraces  land  in  two  districts,  a  claimant  who  applies  for  land  in  one  dis- 
mct  may,  under  the  Act  of  March  3.  1877,  make  the  required  proof,  etc.,  before  the  clerk  at 
the  county  seat,  though  such  county  seat  is  located  in  the  other  land  district^). 

A  pi^emptor,  when  his  land  lies  in  two  districts,  should  file  a  declaratory  statement  in  each 
land  office,  and  pay  for  the  portion  separately  in  each  district.  The  regular  fees  should  be 
paid  in  each  office,  and  a  certificate  and  receipt  should  issue  from  each  office(«). 

Joint  entry  by  pre-emptors  and  homestead  claimants  may  be  allowed(»«) 

Where  a  boundary  line  is  recognized  between  two  pre-emptors,  A  and  B,  who  settled  before 
turvey  on  the  same  legal  subdivision,  and  A  sold  to  C  after  survey-on  a  proper  showing,  a 
joint  entry  by  B  and  C  will  be  allowed(').  ^  ^' 

Apre-emptor  who  settled  prior  to  the  homestead  entry  of  another  party  cannot  cite  such 
entryman  to  a  hearing  until  date  of  offering  his  final  proof(J). 

A  party  who  has  resided  on  a  tract  five  years  may  tra'nsmute  his  pre-emption  filing  to  a 
homestead  entry,  and  give  notice  of  intention  to  prove  up  on  the  same  day 


M?  f  K    t!!  T"'i^"^  ^^"^-  ^°'-  "'  P-  *'»•  <•>  I^^ction..  Land  CHvner.  VoL  ,0  p   x„ 

%  ^itn^W       ,      "^^  ''°'-  "'  ^-  ''•  <*>  «""-  -  Stover.  Land  6^  Vol  xo^p  ^5 

(*)  Thomas  Wngglesworth.Za«^C?t.^.  Vol.  xx.p.  «  Vennegerholt,,-,.  McKennon.  Za«^  ^W.V^ 

«  Durkoe  vs.  Cessxu,  Land  O^uner.  Vol.  x  ,,  p.  X04.  il)'-^^y  ...  J„are,.^W  CWr.  Vol.  .0.  p.  9,. 


THB  AMERICAN  SETFLER'S  GUIDE. 


71 


A  party  who  has  resided  on  a  tract  for  five  years  without  any  filing  may  enter  and  give  no- 
tice of  intention  to  prove  up  on  the  same  day(*). 

A  quit-claim  deed  executed  by  an  occupant  of  public  land  will  not  operate  to  estop  the 
grantor  from  asserting  his  own  subsequently  acquired  title. 

A  settler  who  has  conveyed  by  warranty  deed  the  land  claimed  by  him  cannot  take  oath  pre- 
scribed by  Sec.  2262  Rev.  Stats.,  and  cannot,  therefore,  make  a  valid  pre-emption  entry. 

The  settler  may  render  himself  qualified  to  take  the  prescribed  oath  by  showing  a  rescission 
or  annulling  of  the  contract,  by  which  the  title  the  pre-emptor  might  acquire  from  the  Govern- 
ment would  inure  to  the  benefit  of  another  (**). 


[No.-4-374a.] 

PRE-EMPTION  PROOF. — TESTIMONY  OF  CLAIMANT, 
being  called  as  a  witness  in own  behalf  in  support  of 


pre-emption  claim  to  the 


,  testifies  as  follows  : 

9   X.  What  is  your  name  (written  in  full  and  correctly  spelled)  and  age? 


Que 
Ans. 
Ques.  a.  Are  you  the  head  of  a  &mtly  (if  so,  of  whom  does  it  consist),  or  a  single  person? 

Ans. . 

Ques.  3.  Are  you  a  native-bom  or  naturalized  citizen  of  the  United  States?* 

Qu«.  4  Is  your  pre-emption  claim,  ab4v«  described,  within  the  limits  of  an  incorporated  town,  or  selected 
site  of.thc  city  or  town,  or  used  in  any  way  for  trade  and  business  ?  2.  Did  you  leave  other  land  of  your  own  to 
settle  on  your  present  claim  ?  3d,  Have  you  ever  made  a  pre-emption  filing  or  entry  for  land  other  than  that 
■•^u  now  seek  to  enter?     If  so,  describe  the  same.     (Answer  to  the  point  and  in  detail.) 

Ques.  5.  When  did  you  first  make  stttlement  on  the  above-described  land?  ad.  What  was  your  first  act  of 
settlement?  3d.  Were  there  any  improvements  on  the  land  when  you  settled ?  If  so,  state  who  then  owned 
them  and  whether  you  purchased  the  same.  4th.  What  improvements  have  you  made  on  the  land  since  sectle- 
ment,  and  what  is  the  value  of  same?   — ^ 

Ans.  ist,- ;  ad, —;  3d,—— — ;  4th, 


Ques.  6.  When  did  you  first  establish  an  actual  residence  on  the  land  you  now  seek  to  enter?  ad.  Has  your 
residence  thereon  since  been  continuous  :  3d.  What  use  have  you  made  ol  the  land?  4th.  How  much  ot  the 
land,  if  any,  have  you  broken  and  cultivated  since  settlement,  and  what  kind  and  quality  of  crops  have  you 
raised? 

Ans.  xst, ;  ad,  ■  ;  3d,  ;  4th, .  ...  ,       .  u    ui     j 

Ques.  7.  Are  either  of  the  parties  who  have  testified  as  your  witnesses  m  this  case  related  to  you  by  blood  cr 
■uuriage  ?     If  so,  state  how  related. 

Ans.  ".  

I  hereby  certify  that  each  question  and  answer  in  the  foregoing  testimony  was  read  to  claimant  before  being 
subscribed,  aiid  was  sworn  to  before  me  this day  of  ^— »,  188—. 


PRE-EMPTION  PROOF. — ^TESTIMONY  OF  WITNESS. 

(The  testimony  of  two  witnesses,  in  this  form,  taken  separately,  requirfd  m  each  case.) 
— ,  being  called  as  a  witness  in  support  of  the  pre-emption  claim  of to  the ,  testifies  as 

)ucs.  X.  AVhat  is  your  post-office  address  7 


a.  How  long  h»ve  you  known  claimant,  and  what  is age? 

ad.  Of  whom  does family  (if  any)  consist? 


Ques 

Aw.  .     ,  , 

Ques.  3.  Is  claimant  married  or  single? 


3d.  Is a  na- 


tive or  naturalized  citizen  ? 

Ques  4  *  Are  you  familiar  with  the  character  of  the  land  ?  ad.  Are  there  any  indications  of  coal,  minerals, 
or  »lines  thereon?  (If  so  state  plainly  Ithe  nature.)  3d.  Is  it  more  valuable  for  agricultural  than  mining  pur- 
poses? 4th.  Do  you  reside  in  Its  vicinity?  5th.  Is  it  within  the  limits  of  anjincorporated  town,  or  selected 
town-site,  or  used,  in  any  way,  for  purposes  of  trade  or  business  ?     (Answer  to  the  point  and  m  detail.) 

Ans.  xst, ;  ad,  — ;  3d,  — ;  4th, ;  5th, 


Ques.* 5*' Is  claimant  the  owner  of  3ao'acrei  in  this  or  any  other  State  or  Territory?    ad.  Did 

^i       . „  _-j —  1 — I  ;«  ,\.\. to  reside  on  the  land  herein  described ?     3d.  Has 


leave 


or  abandon  a  residence  on 


■  own  land  in  this 


ever  filed  for  or  entered  other  land  under  the  pre-emption  law  ? 
the  land  herein  described? 

Ans.  xst. ;  ad, ;  3d. '.  4th, -. 

Ques.  6.    When  did  claimant  first  settle  on claim? 


4th.  Has mortgaged  or  agreed  to  sell  the 


first  act  of  settlement?    3d. 


ad.  What  was first  act  ot  settlement!    3d. 

What  improvements  has on  the' land?    '4th.  What  is  the  value  of  such  improvements?    5th.  When  did 

commence residence  thereon?    6th.  Has residence  been  continuous?     7th.  What  use  has —— 

ma4e  of  the  land  ?    8th.  How  much  land  has broken  and  cultivated  ?    ^Answer  to  the  point  and  m  detail.) 

I,  Ans.  xst, ;  ad, ;  3d, ;  4th,  > 

acres. 


5th, 


6th, 


7th, 


8th. 


F.  D.  Packard,  Land  Owner,  Vol.  8,  p.  pt. 
[*)  State  of  California  vs.  Alari,  Land  Owner  Vol. 

8,  p.  140. 

•  In  case  the  party  is  of  foreign  birth,  a  copy  of  his  declaration  of  intention  to  become  a  citizen,  or  full  natur- 
altiation  certificate,  officially  certified,  must  be  filed  with  the  case. 


^1 


I 

I 


t'RT 


^^     ,  THE  AMERICAN  SETTLER'S  GUIDE. 

2^._rAre  you  in  wy  way  Interested  in  thU  claim,  or.  by  blood  or  numage.  .^Uted  to  eUlmaatt 
rtrom  to  bcfote  me  this  - -4>yof  ,  ig    . '  "^^  *****  *^*  **°"  '^  «ub»crib3f  ul 

that  he  testifies  feUely.  to  prosecute  Mm  t?Aefillext„to"th^^^^^  '^'^"  Government,  if  it  be  ascertained 

Trrui  LXX.-^RIMES.— Cm.  4. 

cas^"?nl^ch^a'S5rfT  ul^iJi'suL'^a;^^^^^  Z""^^'-  tribunal,  officer,  or  person,  in  any 

depose,  or  certify  truly,  or  that  any  wS?eSt7f,?™"  *°.  ^  ^administered,  that  he  will  t«tify,  declanj 

i*  true.'wilfuUy  ind  cont^  to  sucK  Tath  ,ut«  o3,V j£™"°"'  ^*P?V"°"'  °'"  "^ificate  by  him  subscribS 
be  true.  i»  guUty  of  penunr;  and  slSl  blvSSS^  bv  »  fi^  7^  ""^'""^  ?'*"^"  ^^'^  ^'^  <^<^  "«»  believe  to 
.mpmonment.  at  hid  la&r.  not  2^^  thSTfiv^^^^^  ±f  fh.n  "^"^  '^^l  »^°  *oi>»»nd  doUars.  and  by 
testimony  in  any  court  of  the  United  S^^Tu^L':^^;.:^  ^^t^Z^^r^illT^^U^:.::^^^^^^^ 

^oXZ  "''^f''''^''  Will  thereupon  issue  the  final  papen,  giving  the  claimant  a  dupU- 

r^aptr  i  "^'  ""^'^  "^''^^  ^'^«^  ^y  ^  ^^--^'  -  <J-^b^ 

When  two  or  more  settlers  on  unsurveyed  land  are  foun<*  upon  survey  to  be  residing  upon  or 

to  have  vduable  m^provements  upon,  the  same  smallest  legal  subdivision, that  is,  a  for^acr^t;,^ 

claims.     TTus  jomt  entry  may  be  made  in  pursuance  of  contract  between  the  parties,  or  with- 

At  any  time  after  three  months  after  the  township  plat  is  filed  in  the  local  office,  a  party  who 
v^shes  a  speedy  adjustment  of  his  claim  may  bring  contest  against  adverse  claimant  by^  h^ 
affidavit  and  making  provision  for  the  expenses  of  the  contest  before  the  Register  and  Recdver 
The  hearing  may  be  adjourned  for  distance  or  other  good  cause,  and  the  tesd^ony  may  ^n 
on  a  commission  issued  to  any  officer  authorized  to  administer  oaths 

When  the  joint  endy  is  made  in  pursuance  of  contract,  the  contract  should  be  made  fii^  and 
the  fihng  and  entry  thereafter  be  made  in  pursuance  thereof,  by  one  party  for  aU  concern^ 

This  contract  must  be  m  writing  signed  by  all  parties  thereto,  attested  by  two  disinterested 
wimesses,  and  acknowledged  before  some  officer  authorized  to  take  acknow^ents  oS 

must  be  verified  by  the  seal  of  a  court  of  record. 

I^f  of  occupation  by  settlement,  residence  and  improvemem  by  each  and  every  party  to  the 
contract  must  be  made.  The  entry  of  an  inconsiderable  excess  over  one  hundli'^  six^ 
acres  will  be  permitted  when  the  tract  is  bounded  by  regular  quarter-section  lines  of  su^ 
The  pre-emption  affidavit  will  be  modified  by  inserting  after  the  word  « whomsoever '^ 
words,  save  under  Section  2274  of  the  Revised  Statutes  of  the  United  States,  and  as  sp;:ified 
in  the  contract  herewith  submitted  in  pursuance  thereof  "  .  .  specmed 

No  one  who  setUed  after  survey  was  made  can  be  a  party  to  a  joint  entry,  though  wheie  a 
puty  succeeds  by  purchase  to  the  rights  of  one  of  two  settle,,  before  surv^whel^  thl^b  ! 
recogmzed  division  of  land,  such  tract  may  be  entered  by  the  two  setUeis  joiiilyC) 

are  found  by  the  Govermnent  survey  with  conflicting  or  over-lapping  claims,  is : 

1.  Joint  entnes  for  the  adjustment  of  coterminuous  boundaries. 

2.  Entries  by  le^  subdivisions  to  include  principal  improvements 

L  ^T.^^^  ^',  ^"J?'  '''^''-     ^"'^  '"*^^  ^°  ^  *"°^^d  ^  ^^^ity  and  jusrice  may  requiref*) 

Should  the  ^mer  die  before  establishing  his  claim  within  the 'period  liiited  by  entitle 

may  be  perfected  by  the  executor,  administrator,  or  one  of  the  yeirs.  by  making  the  requkke 

proof  of  setUement  and  paying  for  the  land;  the  entry  to  be  made  in  JnameTf  « th  1T«.» 

of  the  deceased  settler;  and  the  patent  will  be  issued  accordingly.     The  legal  represent^vet 

(•)  Vennigerholtz  vs.  McKennon.  Land  Oumer,  Vol.  6.  p.  ika  — 

(*)  Powell  vs.  Beatty.  Lam/  Onmer,  Vol.  2,  p.  ,,5. 


THE  AMERICAN  SETTLER'S   GUIDE. 


78 


of  the  deceased  pre-emptor  are  entiUed  to  make  the  entry  at  any  time  within  the  period  during 
which  the  pre-emptor  would  have  been  entitled  to  do  so  had  he  lived. 

TKe  executor,  administrator,  or  one  of  the  heirs,  has  the  absolute  right  to  complete  the  neces- 
sary proceedings  for  acquisition  of  tiUe  in  case  of  a  deceased  pre-emption  claimantC).  The 
Land  Department  does  not  inquire  if  there  are  any  heirs;  but  if  there  are  any,  it  casts  the 

title  distributively  upon  each  by  including  him  in  the  general  provision(»>). 

« 

&UUNGS. 

Where,  from  the  nature  of  the  land  entered  under  the  pre-emption  law,  it  would  appear  that 
the  claimant  has  selected  it  for  speculative  purposes  ratiier  than  for  purposes  of  improvement 
and  cultivation,  the  evidence  of  good  faith  and  occupation  should  be  of  the  most  satisfactory 

character  (•). 

An  unlawful  occupant  cannot  prevent  the  legal  settiement  of  a  qualified  pre-«nptor  on  public 

lands. 

A  pre-emptor  may  pay  for  part  of  his  claim  and  abandon  the  balance(*). 

The  possibility  of  one  party  thking  the  improvements  of  another  is  recognized  as  within  the 
contemplation  of  the  preemption  enactments(*). 

Parties  who  apply  to  make  entry  of  lands  under  the  provisions  of  the  pre-emption  laws, 
should  be  required  to  show  by  affidavit  or  otherwise  that  they  have  not  ma^  a  previous  filingC). 

The  even  sections  along  tiie  route  of  tiie  railroad  granted  by  act  of  July  i,  1862,  and  the  acts 
amendatory  thereof,  must  be  sold  for  not  less  tiian  $2.50  per  acre(«). 

A  pre-emptor  who  settled  prior  to  withdrawal  for  raih-oads.  may  enter  his  land  at  the  minimum 
price  at  any  time  prior  to  the  initiation  of  an  adverse  right  by  another  settler^). 

Where  a  pre-emptor  makes  final  proof  and  payment  and  certificate  for  patent  issued,  such 
certificate  may  be  assigned  to  a  dona  ficU  purchaser  for  value,  who  will  be  protected  in  his 

purchase. 

The  good  faith  of  the  purchaser  must  be  established  by  the  facts  in  die  case  beyond  question; 
but  when  so  established,  his  rights  cannot  be  invalidated  by  showing  that  his  grantor  failed  to 

comply  with  the  law(*). 

A  party  who  purchases  land  without  examination  or  inquiry,  cannot  be  considered  an  innocent 
purchaser,  especially  when  he  fails  to  offisr  testimony  showing  his  own  good  faith  and  that  of 
his  grantors,  at  an  investigation  ordered  for  that  purpose(i). 

Irregularities  in  the  pre-emption  proceedings  may  be  overbalanced  in  view  of  ignorance  and 
good  faith,  but  a  certificate  issued  to  a  pre-emptor  on  a  sworn  statement  of  alleged  facts  which 

never  existed,  is  void(»^). 

Where  a  party  settles  as  a  pre-emptor  upon  land  subject  to  such  settiement,  and  in  due  time 
offers  to  make  proof  and  payment  at  the  proper  land  office,  his  right  will  not  be  prejudiced  by 
the  wrongful  refusal  of  the  local  officer  to  receive  such  proof  and  payment,  and  he  will  not  be 
obliged  to  remain  tiiereafter  upon  the  land  he  claims(*). 

A  party  who  went  upon  land  reserved  under  a  railroad  grant,  with  assurance  from  the  com- 
pany that  he  could  purchase  it  of  them,  was  not  wrongfully  upon  the  land,  when  the  Department 
decided  that  it  was  not  included  within  the  reservation  to  the  company,  and  had  ordered  the 
same  restored  to  settlement. 

Where  a  pre-emptor  is  living  upon  and  cultivating  such  tract  of  land,  no  specific  act  is  neces- 
sary to  constitute  a  new  settiement  after  the  restoration  thereof  to  market(*). 

No  general  or  inflexible  rule  can  be  laid  down  in  cases  where  parties  who  are  residing  upon 
land  at  date  of  cancellation  of  homestead  entries,  seek  to  enter  the  tracts  embraced  therein. 
It  is  simply  a  question  of  good  faith,  and  each  case  must  be  considered  upon  its  own  merits(»). 


(•)  John  Redington,  Land  Owner,  Vol.  a,  p.  19. 
(•)  Copley  vs.  Reil,  Land  Owner,  Vol.  5,  p.  166. 
(•)  Marks  vs.  Bray,  Land  Owner,  Vol.  8.  p.  13^ 
It)  Patrick  Clasby  et  al..  Land  Owner ,S o\.      "  ' 
(0  Hensley  vs.  Aycrs.  L^nd  Owner,  VoL  3, 
(k)  Farley  vs.  Glceson.  Land  Owner,  Vol.  3,  .    ^ 
(■)  Porter  vs.  Johnson,  Land  Owner,  Vol.  3,  p.  37- 


4.  p.  84.  (^ 

I,  p.  53.    (?) 

I.  p.  38.  0) 


(*)  Ibid. 

(<»)  D.  A.  Malonc,  Copp's  Public  Land  Laws.  p.  31X. 

(0  Gladfelter  vs.  Wren,  Land  Owner,  Vol.'  4,  p.  4«t 

k)  Ehastus  Kimball,  Copp's  Public  Land  Laws,  p.  395. 

^)  Moran  and  Cady,  Land  Owner,  Vol.  3,  p.  4. 


^  .  _  ,      "•  3f  P    . 

Peterson  vs.  Kitchen.  Land  Oiuner,  Vol.  a,  p.  x8x. 


ip 


1 


■?\\ 


74 


THE  AMERICAN  SETTLER'S  OUIDE 


emption  law.  "  ""*^"«  '««'  •»  «'"'=h  he  can  «sert  a  valid  cl«m  under  th.  pre- 

H>  defeat  in  favor  of  an  nil',  ^r^T;; "'  '"'^««'  "'«'  >-  ~»P"«<»  -*  >»*  be  »bjec, 

fcr?;HSch':i7e"ari"iet"^'ri^  ^r""  ^'-"-^ '» *^  •-■^-'^'^ 

rroof  and  P«^e„.  n>a,  beVade  :;  a^t^:  its.^.;."""  '^^'"'  ^"-"^  *-  ■-'"  -^ 

^.   SALE  AND  FORFEITUllE. 

A  wntten  contract  for  the  sale  of  erowinff  trees  »l,i,h  .1, 
«  soon  as  the  vendor  obtained  patenT^T^on^^l    !  t"**^  ""  '°  ""  «»'»  «"">« 
A  homestead  or  pre^mlon    e«  J  *  "'""'lP«''"'"'«'  ''X  *'  pre-emption  Iaw(.). 

fencing,  repair,  and  CcT  Shon  d  thLCr:^e:°  "'  *""  """l"':  """•  '"  ^""*"«- 
"Wing  npon  the  mountain  slopes,  but  ^n ty  f^  To^J^,'^"'  """"  ■"'  '^'  "*  »«'  "' ««?» 

'^e.tn;t  iSiiioX^Td^Lt:::^^"*'''*'  -™^o"  -^"•)- 

consideration,  duress  or  fraud      A  deed^.!l  ,         .  T^     '°°'"'*  °"  *'  «"""<'  "'  i"e8«l 

Motgages  released  or  othL^  tl^t^ZZ  tmlZo'^a'"'"-  '"  "*  *  7 -^'W- 

There  is  no  forfeiture  declared  because  oT,  fen!»        .f  P«-e»I*>on  claim. 

■n^Uce  proof  and  payment  for  ^ffe^r/  ./     .         ""  f*"*  °'  *  P"=-""P«o»  settler  to 

have  «ed  his  dS^  t^^'      otlT"  T  ""'"*'  *°'"  *'  """^  ""^  "^  ^'■°»''« 

Und  and  complied  wift  fte^^^^    ~^      ^  ""  '^""^  '^"  ^  ""''^  ««'«"'«  ^  ^ 

II-   Pre-emption  Homesteads. 

with  the  p„j'pHonTJ":nti;ixre",^^:'.^:r';""i^  r;f  f  *  •°  '-"^'^ 

sided  upon  and  claimed  the  land  as  a  ore^^fn/^L  T,  ™*  "'""'  *«  P^"?  •«»  «• 
jnd  cultivation  required  n.^'^  'Z^Si:^'  InTl^CZ  I'  ^'"'.l  ""^'^ 
fcomestead  affidavit  to  set  forth  the  forf  nf  -  ^  ^  *^  required  in  his  to 

dence  thereunder,  an'dt^lti  n  ^  1LTZZ7!^^" ^"^^  T  "T  "  *""^'  «-• 
on  his  homestead  entry  he  is  reonired  i„  J^.v      .     v  "'•    ^  '^^•^  «^  P«»« 

"pre-emption  homestllffi"  aXtC  '°  "'  "™*'  •«'^"'  »<»  P-'- '°  --k^   . 

WCorrigan  vs.  Ryan,  Z^^rf  (3tw»/r,  Vol.  4,  p.  4a.  nvKlIZ  Z  ^ 

(.)  J.  T.  Benson.  Lam/  Onm^,  Vol.  6  p.  xoi.  ^^     ^  ""'  ^"^^^  ^"^  ^'"^^^^  ^ol.  8,  p.  .3, 

(«)  Cafala  w.  Austin  rt  a/.,  Copp'.  Public  Land  Law,,  p  ,„. 
(•)  Webster  w.  Sutheriand.  Copp's  Public  Land  Law^  n  ,         t 

S s^rr "7 ^" ^"--' ^'-^ ^^"^ ^' ^-; pa".:   """""' ^"^ '^'^' ^^'^ '•  ^ '^ 

W  Ph.bp  Waldron.  Copp's  Public  Land  Laws.  p.  313. 

(^)Sb.ves  ..  ...„.  zw  .>._.  Vol.  s.  p.  ,6s.     La«c„  ..  Wei.b^.,  ^^  ^_.  ^oi.  ,  p.  ac 


THB  AMERICAN  SETTLER'S  GUIDE. 

PRE-EMPTION   HOMESTEAD  AFFIDAVIT. 


75 


iTo  be  used  ia  making  final  proof  in  cases  where  preemption  filings  have  b<»n  changed  to  homestead  entha 

under  the  acts  of  March  3,  1877,  and  May  27,  1878.) 

I .  having  changed  my  preemption  declaratory  statement  No. ,  filed  the  —-  day  of      -. 

i8_  alleeing  settlement  the  —  da^of ^,  i8-.  for  the section  No.  ,  in  townsh.p  No. -—.of 

Si;  Nof—.  to  homestead  entry  original  l^o. ,  district  of  lands  subject  to  entry  at  —'^^^^l}^^/';'^. 

3^^«i*t  ftn^Moved  March  1  1877.  smd  May  27,  1878,  do  solemnly  swear  that  1  have  never  had  the  benefit  of 
^y  riSn?,S^Moaun^',;^tYon'  ^59  of  ^e^RevLii  Statutes  ^  the  Uni^d  Stat^ ;  that  I  have  "Jthereto- 
fore  fifed  a  ^^Sipuon  declaratory  stat^ent  for  another  tract  of  land;  that  I  was  not  the  owner  of  three  bun- 
dS  and  tvSmTa^re*  of  land  in  any  State  or  Territory  of  the  United  States  at  any  time  during  the  aboye-mcn- 
ti^ed  liriS  o7  8«tSment  under  the  pre-emption  sututes  ;  that  I  did  not  remove  from  my  own  land  w.thm  the 
uoneajenoa  o  j.^iement  above  referred  to  :  nor  have  I  settled  upon  and  ''"P'l^^^^^^^d  t  T  H?^  n^t 
fl,^«.n,V  on  sacculation  but  in  cood  faith  to  appropriate  it  to  my  exclusive  use  or  benefit  and  that  I  did  not, 
d^rth^SMofp^^m^on^^mcnt  aVove  mentioned.  direcUv  or  indirectly  make  any  agreement  or 
cSct  in  n?way  or  manner,  with  any  person  or  persons  whatsoever,  by  which  the  utle  which  I  might  acquire 
STm^e  S>J2^St  of  the  uAited  Staies  would  inure,  in  whole  or  in  part,  to  the  benefit  of  any  person  except 
myself.  , 

.  of  Ihe  Land  Office ,  do  hereby  certify  that  the  above  affidavit  was  subscribed  and  sworn 


to  before  me  this day  of ,  18 — . 

A  jierson  in  possession  of  a  valid  pre-emption  claim  may  at  any  time  commute  it  to  a  home- 
stead, and  in  so  doing  his  right  will  relate  back  to  the  date  of  his  settlement,  to  the  exclu- 
sion of  intervening  adverse  claims(») 

Where  a  party  did  not  change  his  pre-emption  filing  to  a  homestead  entry,  but  voluntarily 
relinquished  the  same  and  made  timber  culture  entry  subsequent  to  the  relinquishment  of  his 
pre-emption  right,  the  claimant  cannot  be  allowed  the  benefits  of  the  act  of  May  27,  1878,  in 
computing  the  five  years'  residence  required  from  tiie  date  of  settiement,  as  alleged  in  his  re- 
linquished  pre-emption  filing(*). 

The  right  to  transmute  a  pre-emption  filing  to  a  homestead  entry  is  one  belonging  only  to  the 
party  making  Uie  filing.  Even  in  her  own  name,  acting  independently  of  tiie  pre-emption  filing 
of  her  husband,  a  widow  should  not  be  allowed  to  make  a  homestead  on  land  embraced  in  said 
filing,  until  it  shall  appear  satisfactorily  tiiat  tiie  heirs  do  not  intend  to  prove  up. 

A  widow  cannot  be  considered  an  heir  unless  declared  such  by  special  law  of  the  State(«). 
Where  applications  to  transmute  from  pre-emption  filings  to  homestead  entries,  tiiough  made 
prior  to  March  3,  1877,  are  not  acted  upon  until  after  tiie  approval  of  tiiis  act,  such  act  is  held 
to  apply,  and  the  time  during  which  the  parties  complied  with  tiie  pre-emption  laws  is  applied 
TCI  the  homestead  entry  (*).     The  act  of  May  27,  1878,  is  retroactive  in  such  cases. 

There  is  nothing  in  tiie  law  of  March  3,  1877,  authorizing  the  pre-emptor  to  change  his  fiUng 
to  a  homestead  entry  with  credit  for  the  time  be  has  resided  on  the  land  claimed,  which  re- 
quires his  personal  attendance  at  the  local  office  (•).    This  also  applies  to  the  act  of  May  27, 

An  appUcation  to  transmute  a  pre-emption  filing  to  a  timber  culture  entry  cannot  be  al- 

lowedC).  u    ^     A 

A  qualified  party  mav  transmute  his  pre-emption  filing  to  a  homestead  entry,  as  to  the  land 
not  in  dispute ;  and  where,  as  in  this  case,  botii  parties  settled  prior  to  survey  and  have  valuable 
improvements  on  one  legal  subdivision  or  lot,  such  lot  may  be  entered  jointly(«) 

LATE  RULINGS  UNDER  THE  PRE-EMPTION  LAWS. 

The  •*  three  months  "  time  required  within  which  pre-emption  filings  on  unofifered  land  may 
be  made,  is  tArte  calendar  months,  not  ninety  days{^\ 

The  fact  that  a  party  knew  his  first  filing  to  have  been  invalid  can  make  no  difference.  To 
exhaust  his  pre-emption  right  his  first  filing  mmt  have  been  valid.  One  whose  first  filing  was 
invalid  for  any  reason  can  make  a  second  filing  entirely  distinct  from  the  first,  which  could 
ncidier  give,  nor  take  from  him,  any  rights(»). 

In  the  absence  of  adverse  rights,  a  party  may  file  a  second  declaratory  statement  for  tiie  same 

tacts(J).  » 


(•)  Ross  vs.  Sinclair.  Copp's  Public  Land  Laws,  p.  318. 
(•)  Sarah  E.  Cowen,  Land  Owner,  Vol.  5,  p.  167. 
(•)  J.  T.  Farley,  Land  Owner,  Vol.  5,  p.  7. 
(f)  Yeackle  vs.  Hart,  Land  Ovmer,  Vol.  6.  p.  108. 
(«)  French  vs  Tatro,  Land  Owner,  Vol.  8,  p.  150. 


(J>)  E.  L.  Crandall.  Land  Owner,  Vol.  5.  P-  »8o. 
(4)  Chase  vs.  Buron,  et  al. ,  Land  Ovmer,  Vol.  4,  p.  84. 
(f)  L  G.  Beam,  Land  Oivner,  Vol.  3,  p.  X79« 
(k)  Coad  vs.  Fitch,  Land  Owner,  Vol.  6,  p.  173. 
0)  W.  L.  Phelps,  Land  Owner,  Vol.  8,  p.  139. 


I 


si 
Hi 


7d 


THE  AMERICAN  SETTLER'S  GUIDE. 


A  pre-emptor  cannot  make  a  second  fiUng  on  the  same  tract  of  land.  Rercrees  Phelp.  de. 
cision  on  prerious  page(»). 

Existing  entries  arc  a  bar  to  other  entries  or  filings  not  based  upon  prior  settlcment(*). 
A  pre-emption  filing  is  no  bar  to  a  subsequent  filing  or  other  entry  by  another  person  of  th« 
same  tract. 

In  the  absence  of  an  adverse  claim  of  record,  a  pre-emption  settler  upon  unoflfered  land  may 
after  an  absence,  return  to  the  land,  and,  if  good  faith  is  shown,  make  entry  thereof. 

A  stranger  to  the  record  cannot  contest  an  unexpired  pre-emption  filing(«). 

The  filing  of  a  declaratory  statement  does  not  constitute  a  location  or  entTy(*). 

Disposal  means  alienarion  of  title.  A  pre-emption  filing  may  be  received  for  land  claimed 
as  swamp  and  overflowed  (•). 

A  contest  against  a  pre-emption  filing  is  not  recognized,  and  no  preferred  right  is  confeirod 
by  the  Act  of  May  14,  1880,  for  procuring  the  cancellation  of  a  filing.^). 

Between  two  pre-emption  claimants,  both  in  default  as  respects  filing,  the  one  who  first  gives 
notice  of  his  claim  makes  the  entry(«). 

Where  abandonment  is  proved  as  a  result  of  contest,  the  filing  of  the  party  in  default  should 
be  canceled  as  to  his  entire  claim,  and  not  merely  to  the  part  in  controversy^). 

Where  the  government  alone  is  concerned,  the  land  laws  will  be  liberally  construed,  but 
where  adverse  rights  are  involved,  strict  construction  of  the  statute  will  be  maintoined. 

A  pre-emption  filing  made  prior  to  the  date  of  alleged  settlement,  is  not  in  accordance  with 
the  pre-emption  law('). 

Where  the  pre-emptor's  affidavit  is  taken  before  the  clerk  of  a  court  of  record,  a  reasonable 
time  for  transmission  thereof  should  be  allowed  prior  to  entry(i). 

The  affidavit  may  be  sworn  to  before  the  Probate  Judge  if  he  is  ex  officio  clerk  of  his  own 
court.     A  statement  to  that  effect  should  follow  his  signature  to  the  jurat.(^). 

The  fact  that  the  declaratory  statement  of  a  pre-emption  settler,  although  received  by  the  • 
local  officers  within  the  prescribed  time,  is  not  recorded  by  them  until  the  expiration  of  thirty 
days  does  not  invalidate  his  claim,  the  proof  of  receipt  being  sufficient. 

^The  fact  that  a  settler  under  the  pre-emption  law  inadvertently  built  his  house  one  hundred 
feet  from  his  claim,  is  not  an  evidence  of  bad  faith,  if  he,  upon  discovering  his  mistake,  erects 
a  dwelling  within  the  boundaries  of  his  claim(>). 

Pre-emption  filings  may  be  relinquished  by  the  claimants,  in  wriUng,  filed  with  the  register 
and  receiver  of  the  proper  district  land  office,  or  the  relinquishment  may  be  executed  by  the 
claimant  on  the  back  of  the  declaratory -statefment  receipt("»). 

A  pre-emption  settler  has  the  legal  right  to  relinquish  his  entry  without  the  consent  or  sig- 
nature  of  his  wifeC). 

Where  lands  are  in  the  actual ,  possession  of  a  party,  who  has  settled  upon,  improved  and 
fenced  the  same,  no  right  thereto  can  be  acquired  under  the  pre-emption  laws  by  another  who 
takes  forcible  possession. 

Where  the  lands  are  not  inclosed  by  a  fence,  and  the  first  settler  is  disqualified,  or  has  token 
no  lawful  steps  to  acquire  title,  a  subsequent  settler,  who  enters  without  force  or  intrusion 
upon  the  actual  possession  of  the  former,  is  not  a  tresspasser  qu.  cL,  and  may  acquire  title  to 
the  lands  under  the  pre-emption  law(«), 

A  pie-emptor  must  have  all  necessary  qualifications  at  date  of  settlement(»»). 


(•)  J.  B.  Raymond,  Land  Oumtr,  Vol.  xo,  p.  395. 
(*)  Ernst  Trelut,  Land  Own*r,  Vol.  10,  p.  333. 
(•)  Milan  vs.  Favrow,  Land  Owner,  Vol.  8,  p.  93. 
(*)  G.  H.  Gardner,  Land  Owner,  Vol.  9,  p.  195. 
(•)  Arant  vs.  State  of  Oregon,  Land  Owner,  Vol 

p.  X35. 
(0  Fidd  vs.  Black  Land  Owner,  Vol.  10,  p.  195. 
(t)  Herbert  vs.  Reed,  Land  Owner,  Vol.  9,  p.  9 
(fc;  Lynch  vs.  Mcrrifield,  Land  Owner,  Vol.  10,  p 

379. 


10. 


(•)  Hull  vs.  Hawkins,  Land  Owner,  Vol,  6,  p.  191. 
^)  Calvin  Hawkins,  Land  Owner,  Vol.  8.  p.  93. 
(*)  CM.  Bird,  Land  Ovmer,  Vol.  xo,  p.  105. 
(»)  Austrian  vs.  Hogan,  Land  Owner,  Vol.  6,  p.  xf9. 
(■)  General  Land  Office  Circular,  March  i,  1884,  p.  9. 
(»)  Rebecca  J.  Delong,  Land  Owner,  Vol.  7,  p.  38. 
^)  Brown  vs.  Quinlan,  Land  Owner,  Vol.  10,  p:  7. 
*)  McMurdie  vs.  Central  P.  R.  R.  Co.,  Land  Owner, 
Vol.  8,  p.  36. 


THE  AMERICAN  SETTLER'S  GUIDE. 


77 


The  inhibirion  of  the  pre-emption  law,  that  a  person  shall  not  remove  from  his  own  land  m 
the  same  state  or  territory  t<?  reside  on  the  public  land,  applies  to  a  person  who  removes  f^m 
tract  of  forty  acres  located  within  the  Umits  of  a  town,  and  the  former  rulmg  of  the  office, 
ecarding  the  removal  from  a  town  lot,  to  that  extent  is  modified.  .,   ,      ^        r 

Parties  of  record  who  failed  to  appear  at  the  hearing  after  due  notice,  decided  to  have  for- 
feited their  righte(*). 

A  minor,  if  single,  cannot  legally  file  as  a  pre-emptor(*).  ,>,»,.«. 

A  filing  and  settlement  before  declaration  of  citizenship  are  of  no  legal  effect.  But  where 
no  advert  claim  intervenes  prior  to  declaration  of  citizenship  and  a  subsequent  settlement  the 
original  filing  should  not  be  canceled(«). 

in  alien  can  claim  nothing  by  a  settiement  prior  to  his  declaration  to  become  a  cituen(  ). 

The  naturalization  of  a  widow  by  marriage  to  a  citizen  naturalizes  her  mmor  children, 

though  of  alien  parentage(«).  .  ,   .1.    i      /n 

Where  a  pre-emptor  is  imprisoned,  his.  wife  must  strictly  comply  with  the  law^. 
A  divorced  woman  camiot  claim  *etUement  as  a  feme  soU  during  coveture,  and  it  cannot 

date  back  prior  to  divorce  («).  e       x,  ^     a 

Where  a  party  has  paid  for  land,  though  no  deed  has  passed,  he  is  the  owner  of  such  land, 
and  cannot  remove  therefroi*  to  become  a  pre-emptor  of  pubhc  land(»'). 

A  person  who  owns  lands  in  trmt  for  others  is  not  thereby  disqualified  as  a  pre-emptor(  ). 

rhV  tenant  of  a  raUroad  company^cannot  base  a  pre-emption  or  homestead  claim  upon  occu- 
pancy of  land  included  in  the  railroad  right  of  way(i). 

A  party  is  proprietor  of  land  who  has  the  legal  title(*). 

KiZ  the  expiration  of  a  declaratory  sUtement,  there  is  no  legal  settlement,  because  there 
i.  no  application.  The  pre-emptor's  right  to  reserve  the  land  or  that  of  any  one  claiming 
through  him,  is  forfeited  to  the  first  legal  applicant,  by  the  faUure  to  pay  for  it(  ). 

A  pre-emptor  intending  at  settiement  to  take  a  quarter-section  can  claim  the  whole  by  per- 
ormb^g  acts  of  settiement  upon  one  Soacre  tract  while  the  other  is  enclosed  and  cultivated 

DT  another  petsonC).  ,      _,       •  ^    ^ 

A  pre-emVtor  must  do  some  act  to  connect  himself  with  tiie  tracts  claimed.     Mere  intenUon 

is  not  sufficient.     The  miauthorized  enclosure  of  several  hundred  acres,  including  such  tracts, 

IB  not  tiic  inception  of  a  pre-emption  right.(»)  .     ,   y  :,       .x.       »\ » 

Settiement  iTtiie  sole  basis  of  tiie  pre-emption  right.     Land  not  mcluded  m  tiie  settiement 

cannot  be  embraced  in  tiie  claim.     A  declaratory  statement  is  tiie  declaration  of  an  intention 

to  claim,  and  not  the  claim  itself.     A  declaratory  statement  not  based  on  settiement  is  void. 

Land  not  reduced  to  possession  is  open  to  other  settiers(«).  ,     1     j 

Settiement  U  a  personal  act,  and  can  date  only  from  tiie  time  tiie  party  went  upon  the  land. 

The  ^Tcta^  of  a  prior  settler's  improvements  does  not  transfer  tiie  vendor's  date  of  settie- 

iaent(»).  ^  , , 

For  otiier  rulings  on  settiement,  see  late  rulings  under  the  homestead  laws, 
A  formal  deed  is  not  necessary  for  Uie  conveyance  of  improvements  on  public  land,  but 
th«t  a  verbal  sale  followed  by  possession  and  consent  is  sufficient 

In  dctennining  good  faith.  U  is  immaterial  whetiier  a  person  purchases  valuable  improve- 
ments already  on  the  land,  or  whether  he  makes  them  after  his  settiement^*). ^^ 


"         , — \ — : T^ 

(•)  White  vs.  Warren,  Land  Owner,  Vol.  7,  p.  164- 

(fc)  Fiench  vs.  Tatro,  Land  Owner,  Vol.  8,  p.  X59. 

(•)  KeUy  vs.  Quast,  Land  Owner,  Vol.  xo,  p.  957- 

(«)  Hart  vs.  Gvira^  Land  Opmer,  Vol.  xo,  p.  396. 

(•)  Heixnjui  Boedecker,  Land  Owner,  Vol.  9,  p.  aij. 

(«)  Bates  **.  fced,  Land  Owner,  Vol.  9,  p.  8. 

(«)  L^nea  »«.  Pcchierer,  Land  Ovmer,  VoL  9,  p.  97. 

(k)  Ware  vs.  Bishop,  Zo*//  Owner,  ViA.  10,  p.  »95. 

(«)  James  Aiken,  Land  Owner,  Vol.  9,  p.  76. 

f)  Gardner  vs.  Snowden,  Land  Owner,  Vol.  xo,  p. 

»73- 


(k)  State  of  California  w.tI>o"2^*^»  '^•^  Otvner^ 

Vol.  9,  p.  168. 
(>)  Alice  GiUespic,  Land  Owner^  Vol.  11,  p.  73- 
(»)  Haven  vs.  'Oxwts,  Land  Owner,  yd.  xo,  p.  too. 
(■)  Kessel  w.Spielman,  Land  Ovgur,  Vol.  10,  p.  6. 
(•). Slate  vs.  Dorr,  Land  Ovmer,  Vol.  10,  p.  3"- 
(f)  knight  vs.  Haucke,  Land  Ovmer,  VoL  io,p.  aSx. 
(t)  Gabercl  vs.  Gueme,  Land  Ovmer,  Vol.  7,  p.  37' 


'4i 


y 


T.'l 


i   I 


,vl 


s 


78 


THE  AMERICAN  SEMLER'S  GUIDE. 


\kM 


AU  pre-empton  on  pubUc  land  withdrawn  for  railroads  should  file  and  make  proof  as  in 
other  cases,  but  a  failure  to  so  comply  within  the  required  time  works  no  forfeiture  in  the  ab- 
sence of  another  settler  on  the  same  tract(»). 

A  pre-emptor  is  not  forbidden  to  settle  on  lands  that  are  likely  ta  become  centres  of  popu- 
lation, or  near  a  town  or  village(*). 

A  settlement  upon  land  occupied  and  improved  by  another,  is  mere  naked  intrusion,  and  in 
such  a  wrongful  attempt  to  seize  the  fniits  of  another^s  labor,  there  can  be  no  6ona  fide  claim 
of  right,  whatever. 

H.  entered  into  an  agreement  with  a  raUroad  company  to  purchase  a  certain  tract,  on  cer- 
tain conditions,  obligating  himself  that,  until  full  paj-ment  of  purchase  money,  he  would  per- 
mit no  waste  to  be  made,  or  wood  to  he  cut.  etc.,  etc.;  the  conditions  were  met,  and  deed,  of 
conveyance  delivered  by  the  company  to  one  M..  to  whom  H.  was  indebted,  and  who  held  a 
mortgage  on  the  land.  An  agreement  of  s.ile  was  effected  between  H.  and  M.,  which  was 
subsequently  consummated,  when  H.  conveyed  by  deed  absolute  all  his  right,  etc.,  to  the  land. 
On  the  same  day,  M.  executed  a  lease  to  H.  for  the  term  of  one  year,  conditioned  that  H.  or 
his  assigns  might,  at  any  time  during  the  continuance  of  the  lease,  purchase  the  land  for  a 
stated  sum. 

Held,  That,  even  though  the  re-purchasing  clause  in  the  lease  creates  a  defeasance  in  the 
deed,  and  that  considered  in  the  same  connection  constitutes  notJHng  more  than  a  mortgage,  it 
does  not  disqualify  H.  as  a  pre-emptor.  for  the  mortgagee  is  the  <rwner,  and  the  disqul^ing 
clause  in  the  pre-emption  law  refers  directly  to  the  <rumership  of  land  by  the  pre-emptorr4 

^Acts  of  settlement  performed  while  the  land  is  embraced  in  a  homestead  entry  give  a  daim- 
ant  no  legal  status  After  cancellation  of  the  homestead  entry,  the  rights  of  two  pre-emptors 
must  be  determined  by  their  settlement  and  not  by  their  re^dence.  The  fii^  bona  fide  settler 
takes  the  land  in  dispute,  if  followed  within  a  reasonable  time  by  his  residence  thereon(*) 

A  pre-emption  right  is  not  a  vested  right  against  the  United  States,  but  is  simply  a  prefer-' 
ence  right  among  setders,  should  the  government  sell  the  land  involved.     Not  until  entry  and 
payment  have  been  made  does  the  pre-emptor  acquire  a  vested  right.     The  preference  right 
may  be  waived  or  lost(").  ^ 

The  purchase  of  a  dwelling  by  a  pre-emptor  is  the  same  as  the  erection  of  one.  The  pur- 
chase of  improvements  is  evidence  of  good  faith  when  fo«lowed  up  by  inhabitancy  afterC) 

A  pre-emption  claimant  at  time  of  making  final  proof  could  not  establish  a  valid  claim  fo. 
a  quarter-section  or  any  part  thereof,  unless  his  dwelling-house,  his  actual  residence,  was  oo 
some  part  of  that  quarter-section («). 

A  bona  fide  pre-emption  claim  should  not  be  rejected  because  the  claimant's  house  was  by 
mistake  beyond  the  boundary  linesC*). 

The  statute  requires  inhabitancy  on  the  land  pre-empted,  and  this  means  actual  residence  or   ^ 
a  nome('). 

Intentions  are  not  the  equivalent  of  actual  residence  and  improvements;  but  continuous 
compLance  with  all  the  requirements  of  the  pre-emption  law  is  essential,  and  faUure  therein 
will  not  be  overlooked  except  under  urgent  circumstances,  and  for  controlling  reasons(i) 

All  absences  which  do  not  impeach  a  pre-emptor's  good  faith  are  permissible.  He  who 
sleeps  on  his  claim  in  a  pen  or  in  the  open  air,  intending  to  erect  a  habitable  dwelling  as  soon 
as  his  means  or  occup^on  permits,  maintains  a  saUsfactory  residence(») 

Where  the  acts  of  settlement  performed  by  a  pre-emptor  are  of  a  character  to  evidence  his 
good  faith,  continuous  residence  on  the  land  is  not  essential(i). 

.)  P...e;  ..  ;..„..  W  O^r,  Vol.  ..  p.    %  rrri!:^;.  W^/vt:  ^P  7 
(.;  Ro«..na  Kennedy.  Land  O^r.  Vol.  ,o.  p.  ,5..    0  G.  fkoskrugc.  Land  O^ner,  Vol    :o.  p.  ^,. 


THE  AMERICAN  SETTLER'S  GUIDE. 


71 


A  pre-emptor  is  not  prohibited  from  carrying  on  business  elsewhere  than  on  the  land,  pro- 
Tided  his  actual  residence  is  thcreon(*). 

The  rights  of  a  preemption  settler  who  was  compelled  to  leave  and  be  absent  from  his 
claim  on  account  of  Indian  hostilities  should  be  protected  (*). 

Party  cannot  reside  on  a  pre-emption  and  a  homestead  claim  at  the  same  time(»). 

The  claim  of  a  pre-emptor  is  not  rendered  invalid  by  his  allowing  another  to  live  with  him, 
and  work  the  crops  for  him,  with  an  equal  interest  in  same,  provided  the  settlement  was  made 
for  the  purpose  of  acquiring  title  for  his  own  use  and  benefit(*). 

The  rule  of  the  General  Land  Office,  requiring  six  months'  residence  prior  to  entry,  as  an 
evidence  of  good  faith  on  the  part  of  the«pre-cmptor,  should  not  be  applied  to  every  case  in- 
discriminatcly,  especially  where  the  character  and  amount  of  improvements  on  a  tract  are 
such  as  are  ordinarily  made  in  six  months;  and  where  the  settler  has  acted  in  good  faith,  and 
from  the  action  of  the  local  land  officers  in  accepting  proof  and  payment  for  the  land,  they 
knowing  that  there  had  not  been  residence  of  six  months,  he  reasonably  concludes  that  his 
action  has  been  according  to  law  and  instruction  (•). 

Two  months'  residence  upon  a  pre-emption  claim  is  not  sufficient  to  entitle  a  claimant  to 
make*  entry.     The  rule  requires  at  least  six  months'  continuous  residence. 

A  claimant  cannot  set  up  his  imprisonment  for  a  crime  as  an  excuse  for  failure  to  cojnply 
with  the  requirements  of  the  law. 

Lawful  imprisonment  is  not  legal  duress. 

A  claimant  lawfully  confined  in  the  penitentiary  for  life  is  civilly  dead,  and  incapable  of 
perfecting  a  claim  to  public  land  under  the  pre-emption  law. 

A  homestead  entry,  commuted  from  a  second  and  therefore  illegal  pre-emption  declaratory 
statement,  is  not  itself  invalid,  but  may  under  some  circumstances  date  from  the  tune  it  was 

made('). 

Occupation  and  useof  land  for  purposes  other  than  cultivation,  do  not  constitute  a  pre- 
emption claim(«). 

Actual  crops  are  not  necessary  to  the  cultivation  of  land.     Clearing  timber,  in  this  case,  is 

8afficient(^). 

Proof, 'Payment  and  Contest. 

A  mortgage  given  by  a  pre-emptor  as  security  for  money  loaned  him  with  which  to  pay  the 
Government  price  for  the  land  filed  upon,  is  not  an  alienation  of  the  land,  nor  an  agreement 
I»x>hibited  by  the  law(*). 

A  mortgage  in  Nebraska  docs  not  convey  the  legal  title(i). 

A  mortgage  of  land  filed  upon  by  a  pre-emptor,  and  outstanding  at  date  of  entry,  does  not 

defeat  his  right(^).  ' 

A  pre-emptor  has  the  right  to  make  proof  and  payment  after  the  expiration  of  the  prescribed 
time  unless  a  valid  adverse  claim  has  intervened.  Public  notice  is  the  initiation  of  final  pro- 
ceedings ('). 

A  pre-emptor  who  fails  to  make  final  proof  within  the  time  prescribed  by  law,  loses  his 
right  to  do  so  after  a  valid  adverse  timber  culture  claim  intervenesC"). 

Other  claimants  who  allege  bad  faith  in  the  initiation  of  a  prior  pre-emption  claim  may 
cite  such  pre-emptor  to  a  hearing,  though  the  pre-emptor  caimot  cite  them  to  a  hearing  previ- 
•    ous  to  make  final  proof  and  payment^). 


(•)  Henry  Buchman,  Land  Owner,  Vd.  10,  p.  355. 
(k)  Peterson  vs.  Araoux,  Land  Oumer,  Vol.  11,  p.  74. 
(•)  Rufus  McConliss,  Land  Owner,  Vol.  10,  p.  41. 
(«)  Marleyhan  vs.  Gal.  and  Or^on  R.  R.  Co.,  Land 

Owner,  Vol.  7,  p.  67. 
(•)  Conlin  vs.  Yarwood,  Land  Owner,  Vol.  7,  p.  1x8. 
(«)  Wood  vs.  Porter.  Land  Owner,  Vol  7.  p.  84. 
(«)  South:  P.  R.  R.  Co.  vs.  Newton,  Land  Owner ^ 

Vol.  8,  p.  37. 


(h)  John  E.  Tyrl,  Land  Owner,  Vol.  11,  p.  i47' 

(I)  Clark  vs.  Gray,  Land  Owner,  Vol.  11,  p.  40. 

(J)  Owings  vs.  Lechtenberger,  Land  Owner,  Vol.  9, 


p.  197. 


(k)  Larson  vs.  Weisbecker,  Land  Owner, Vo\.  9,  p.  60. 
(1)  Michael  Maloney,  Land  Owner,  Vol.  8,  p.  74. 
(■)  Lunney  vs.  Darnell,  Land  Owner,  Vol.  10,  p.  «3X. 
(•)  Manderficldi/f.  Alderson.Zan</(?w«^>-,Vol.  io,p 
166 


■1 

It : 


J 1 


J 


i.^U. 


-1 


II 


fi-'? 


.,  \ 


80 


THE  AMERICAN  SETTLER'S  GUIDE. 


Where  a  pre-cmptor  fails  to  assert  his  claim  within  the  legal  period,  though  his  fling  is  still 
uncanceled,  it  is  error  to  order  a  hearing  when  an  entry  of  the  same  land  is  made  thereafter. 

Where  the  pre-cmptor,  after  such  hearing,  files  a  relinquishment,  he  cannot  have  his  rights 
einstated  on  the  ground  that  the  adverse  party  has  failed  to  pay  money  due  on  account  of 
uch  relinquishment(»). 

Parties  who  purchase  of  pre-emptors  before  patent  can  not  maintain  the  pbsition  oibonafiiU 
purchaser,  as  they  purchase  only  an  equity.  They  take  only  such  tide  as  the  vendees  of  the 
Government  had,  and  purchase  subject  to  the  action  of  the  Land  Department  upon  the  entries, 
either  in  confirming  or  canceling  them. 

Such  purchasers  may  be  heard  ex  rel.,  to  maintain  the  validity  of  the  entries  embracing  the 
lands  purchased,  but  for  no  other  purpose. 

Patents  should  not  issue  to  assignees  in  any  cases  except  where  the  right  of  assignees  to  take 
patents  in  their  own  names  is  recognized  by  express  statutory  provisions(*). 

The  purchaser  from  a  pre.<mptor  has  no  standing  before  the  Land  Department.  If  patent 
issues,  it  issues  to  the  pre-emptor,  though  it  may  inure  to  the  purchaser's  benefit. 

Section  2262  R.  S.  refers  to  sales  before,  not  after,  entry— and  the  clause  protecting  inno- 
cent  purchasers  has  reference  to  the  effect  of  the  conveyance  as  between  grantor  and  grantee, 
and  not  to  its  effect  as  between  either  party  and  the  govemment(«) 


S  ?,!?*!*  "  Knauf.Z*.^  Owntr,  Vol.  10,  p.  ,93.    (.)  Chaikmiign.Toww,Z«i^Owirr,  Vol.  Io,p..9^ 
(»)  Whitaker  m.  South  P.  k.  R.  Co..  Lund  Owtur, 
VoL  7,  p.  ts. 


CHAPTER    V. 

TIMBER  CULTURE. 

The  object  of  the  timber  culture  law  is  to  promote  the  growth  of  timber  by  providing  « 
method  of  acquiring  title  to  public  lands  on  condition  that  timber  shall  be  grown  tliereon  to  ajS 
extent  and  for  a  period  of  time  therein  specified.  The  wisdom  of  this  law  is  seen  in  the 
increased  annual  rainfall  in  r^ons  heretofore  subject  to  frequent  droughts. 

a.  WHO  MAY  APPLY  AND  FOR  WHAT  KIND  OF  LAND. 

Any  person  who  is  the  head  of  a  family,  or  who  has  arrived  at  the  age  of  twenty-one  years, 
and  is  a  citizen  of  the  United  States,  or  who  has  filed  his  declaration  of  intention  to  become 
■uch,  as  required  by  the  naturalization  laws  of  the  United  States,  may  make  a  timber  culture 
entry  without  r^;ard  to  how- much  land  he  already  owns. 

A  single  woman,  duly  qualified,  who  has  made  an  entry  under  the  timber  culture  act,  and 
subsequently  marries,  is  not  thereby  debarred  fix>m  acquiring  title  to  the  land(*). 

Registers  and  Receivers,  and  their  clerks  and* employees,  and  all  persons  intimately  or  confi- 
dentially connected  with  such  officers  or  employees,  are  prohibited  from  making  entries  of  the 
public  lands  at  the  offices  with  which  they  are  connected (*). 

Not  more  than  one  hundred  and  sixty  acres  in  any  one  section  can  be  entered,  and  no  person 
can  make  more  than  one  entry. 

The  rulings  of  the  General  Land  Office  restricting  entries  under  the  timber  culture  laws  to 
"  technical  quarter  sections,"  have  been  so  far  modified  as  to  permit  entries  of  parts  of  a  section 
in  a  comptac^body,  not  to  exceed  one  hundred  and  sixty  acres(*). 

A  few  scattering  willows  and  stumps  will  not  characterize  land  as  timber  within  the  meaning 
of  the  timber  culture  act(*). 

A  few  trees  or  bushes  do  not  characterize  the  land  upon  which  they  are  found,  as  timber  .land 
within  the  meaning  of  the  statutc(«). 

Land  through  which  passes  a  stream  of  water,  upon  the  banks  of  which  is  a  growth  of  "scrub' 
timber,  is  subject  to  entry  under  the  timber  culture  laws('). 

.  An  eighty  acre  tract  upon  which  trees  are  growing,  many  of  them  more  than  five  inches  in 
diameter,  is  not  subject  to  entry  under  the  timber  culture  laws(«). 

Where  a  party  applies  to  enter  under  the  timber  culture  laws,  land  which  appears  upon  the 
township  plat  as  already  timbered,  and  is  informed  that  he  must  disprove  such  apparent  charac- 
ter, this  application  reserves  the  mentioned  tracts  for  a  reasonable  time  from  further  disposition 
to  any  other  claimant(*). 

Land  covered  by  an  invalid  State  selection  may  be  entered  under  the  provisions  of  the 
timber  culture  act  if  otherwise  subject  thereto('). 

Prairie  lands,  or  lands  not  prairie  but  naturally  devoid  of  timber,  are  subject-to  the  operation 
of  the  timber  culture  laws(J). 


(•)  G.  M.  King,  Land  Owner,  Vol.  a,  p.  39. 

(k)  State  of  Nebraska  r*.  Dorrington  et  at..  Land  Owner,  Vol.  3,  p.  122. 

(•)  Frederick  Brau,  Land  O-umer,  Vol  3,  p.  172.  (*)  Adam  Windolph,  Land  Owner,  Vol.  i  o.  oa. 

(•)  W.  E.  Foanat,  Copp's  Public  Land  Laws,  p.  653. 

(0  Lampson  v*.  Dunham.  Copp's  Public  Land  Laws,  p.  655. 

(f )  Linden  w.  Gray,  I^nd  Oumer,  Vol.  3.  p.  ,8x.       (h)  Lamb  vx.  Reeser,  Land  Owner,  Vol.  3.  ^  n. 

0)  State  of  Nebraska  vs.  Dorrington  et  al..  Land  Owner,  Vol.  3,  p.  xaa. 

(J)  Dice  and  Porter,  Land  Owner,  Vol.  3,  p.  71. 

^  (81) 


i-l 

\ 


\ 


i  -.u 


1 3; 


82  THE  AMERICAN  SETTLER'S  GUIDE. 

&.  APPUCATION,  ENTHY  AND  PROOF. 

The  application  to  enter  is  in  the  following  form : 

ArpucATioM  No.  ~— .  • 

I,  — — —  ,  hereby  apply  to  enter,  under  the  provisions  of  the  act  of  Jane  14, 1876,  entitled  "An  Act  t« 

amend  an  act  entitled  'An  Act  to  encourage  the  growth  of  timber  oH  the  Western  Prairies/  "  the  '     of 

'tection  ,  in  township  ■■,  of  range  — — s  containing  ^— —  acres. 


LaKD  OFnCS  AT' 


xa-. 


I,  ■■  ,  Roister  of  the  land  oflice,  do  hereby  certify  that  the  above  application  is  for  the  class  ol 

lands  which  the  applicant  is  legally  entitled  to  enter  under  the  provisions  of  the  timber  culture  act  of  Tune  ia, 

1878;  that  there  is  no  prior  valid  adfverse  right  to  the  same,  and  that  the  land  therein  described,  together  with 

-the  lands  heretofore  entered  under  this  act  and  the  acts  of  which  this  is  amendatory  in  the  said  section,  does  not 

exceed  one-quarter  thereof. 

^—  ,  Register. 

This  must  be  accompanied  by  the  following  affidavit,  which  may  be  made  before  the  Register 
or  the  Receiver,  or  the  clerk  of  some  court  of  record,  or  officer  authorized  to  administer  oaths, 
actually  within  the  district  where  the  land  is  situated. 


AFFIDAVIT. 


I. 


-,  having  filed  my  application  No. 


Land  Ofvick  at 

{Date) 


i8~. 


_^  , ^ ___^     ,.^ _  _         -,  for  an  entry  under  the  provisions  of  an  act  entitled 

"An  Act  to  amend  an  act  entitled  *  An  Act  to  encourage  the  growth  of  timber  on  tne  Western  Prairies,'  "  ap- 
proved June  14,  1878,  do  solemnly  ■  that  I  am  the  head  of  a  family  [or  over  twenty-one  years  of  age],  and 
a  citizen  of  the  United  Sutes  [or  nave  declared  my  intention  to  become  such] ;  that  the  section  of  land  specified 
in  my  said  application  is  comptosed  exclusively  of  prairie  lands,  or  other  lands  devoid  of  timber ;  that  this  filing 
and  entry  is  made  for  the  cultivation  of  timber,  and  for  my  ovm  exclusive  use  and  benefit ;  that  I  have  made  the 
•aid  application  in  good  faith,  and  not  for  the  purpose  of  speculation,  or  directly  or  indirectly  for  the  use  or 
benefit  of  any  other  person  or  persons  whomsoever  :  that  I  intend  to  hold  and  cultivate  the  land,  and  to  fully 
comply  with  the  provisions  of  this  said  act ;  and  that  I  have  not  heretofore  made  an  entry  under  this  act,  or  the 
acts  ot  which  this  is  amendatory. 


Sworn  to  and  subscribed  before  me  this 


day  of 


18—. 


Whereupon  the  Receiver  will  issue  his  receipt  for  the  money  received  by  him,  giving  the  ap 
pi  icant  a  duplicate  thereof : 

} 


Receiver's  Receipt, " 
No. 


Received  of  ■ 


the  sum  of- 


doUars 


Rbcbivsr's  Or 

{Date) 


f  Aoplication, 
wticm , 


cents,  beine  the  amount  of  fee  and  compensation  of 
Register  and  Receiver  for  the  entry  of——  of  section  — — ,.in  towiwhip ,  of  range .  under  the  first  sec- 


tion of  the  act  of  Congress  approved  Tune  14, 1878,  entitled,  "An  Act  to  amend  an  act  entitled  'An  Act  to  en- 
courage the  growth  of  timber  on  the  Western  Prairies.'  "  , 
f    .    .  ■  ,  Receiver, 

The  fees  for  entries  are  $10  if  the  tract  applied  for  is  more  than  eighty  acres ;  and  $$  if  it  is 
eighty  acres  or  less ;  and  the  commissions  of  Registers  and  Receivers  on  all  entries  (irrespective 
of  area)  are  $4  {$2  to  each)  at  the  date  of  entry,  and  a  like  sum  at  the  date  of  final  proof. 

No  distinction  is  made,  as  to  area  or  the  amount  of  fee  and  commissions,  between  minimum 
and  double-minimum  lands.  A  party  may  enter  one  hundred  and  sixty  acres  of  either  on  pay- 
ment of  the  prescribed  fee  and  commissions. 

Entries  may  be  made  of  subdivisions  of  diffijrent  quarters  of  the  same  section ;  provided  that 
each  entry  shall  form  a  compact  body,  not  exceeding  one  hundred  and  sixty  acres,  and  that  not 
more  than  that  quantity  shall  be  entered  in  any  one  section. 

The  fifth  section  of  the  act  approved  March  3,  1857,  entitled  "An  Act  in  addition  to  an  act 
to  punish  crimes  against  the  United  States,  and  for  other  purposes,"  is  extended  to  all  oaths, 
affirmations,  and  affidavits  required  or  authorized  by  the  timber  culture  law. 

No  land  acquired  imder  the  provisions  of  this  law  will  in  any  event  become  liable  to  the  sat- 
isfaction of  any  debt  or  debts  contracted  prior  to  the  issuing  of  the  final  certificate  therefor. 

The  affidavit  required  of  applicants  must  be  made  at  the  time  the  application  is  filed,  except 
when  made  before  an  officer  authorized  to  use  an  official  seal,  when  a  reasonable  time  should  be 
allowed  for  transmission  to  the  local  land  office(»). 

The  filing  of  the  application  and  affidavit,  with  payment  of  fees,  are  essential  prerequisites  to 

• . 

U)  Hiram  Campbell,  Land  Ottmer,  Vol.  5,  p.  tt. 


THE  AMERICAN  SK'n^LER'S  GUIDE. 


83 


the  allowance  of  a  timber  culture  entry,  and  he  who  first  complies  with  the  conditions  obtains 
priority  of  right 

A  prior  verbal  application,  unaccompanied  by  the  written  application,  etc.,  gives  no  preferenc 
light,  as  it  is  not  the  duty  of  the  local  officers  to  prepare  the  necessary  papers(»). 

An  application  was  rejected  because  the  affidavit  upon  which  it  was  based  was  execated  whil 
another  timber  culture  entry  covered  the  land  in  question(**). 

A  qualified  party  may  relinquish  a  timber  culture  entry  of  eighty  acres,  and  thereafter  may 
enter  the  same  under  the  act  of  March  3,  1879,  ^  ^^  additional  entry  to  his  original  entry,  as 
described  in  this  case(*). 

A  timber-ctilture  settler  may  relinquish  a  portion  of  the  land  embraced  in  his  entry,  and  hold 
the  remainder(*). 

There  is  no  provision  of  law  for  a  second  timber  culture  entry(*). 

An  application  to  transmute  a  pre-emption  filing  to  a  timber  culture  entry  cannot  be  allowed('). 

In  the  case  of  the  death  of  a  party  having  made  a  timber  culture  entry,  who  leaves  a  widow 
and  heirs,  his  rights  under  the  entry  go  to  the  heirs  and  not  to  the  widow,  contrary  to  the  rule 
which  prevails  in  similar  cases  arising  under  the  homestead  laws(*). 

The  term  "  legal  representatives,"  as  used  in  the  timber  culture  act,  does  not  include  a  party 
acting  under  a  power  of  attorney. 

The  heirs  or  legal  representatives  of  a  deceased  party,  who  had  made  a  timber  culture  entry, 
may  continue  the  cultivation  of  the  trees,  and  on  compliance  with  the  law  will  receive  a  patent 
for  the  land(*). 

But  in  case  the  trees  are  not  cultivated  by  the  heirs,  the  entry  will  be  liable  to  cancellation. 

A  prior  pre-emption  settlement  will  defeat  a  timber  culture  entry (*). 

A  pre-emptor's  right  to  land  attaches  firom  date  of  settlement,  and  a  timber  culture  claimant's 
from  date  of  entry  at  the  local  office. 

Where  a  pre-emptor  has  falsely  alleged  that  he  settled  prior  to  the  date  of  the  timber  culture 
entry,  two  courses  may  be  pursued  by  the  timber  culture  claimant  to  protect  his  rights. 

1 .  He  may  wait  until  the  pre-emptor  proves  up,  when  the  actual  date  of  settlement  may  be 
shown,  or(^) 

2.  He  may  present  to  the  local  officers  his  affidavit  calling  in  question  the  alleged  date  of 
settlement,  and  asking  that  a  hearing  be  ordered  to  determine  the  respibctive  rights  of  the  parties 
in  intcrest(i^). 

A  party  cannot  enter  under  the  homestead  law  a  part  of  the  land  embraced  in  his  timber 
culture  entry.  He  may  relinquish  his  timber  culture  entry,  in  whole  or  in  part ;  and  upon  can- 
cellation thereof,  he  may,  if  he  is  the  first  legal  applicant,  enter  any  part  of  the  land  as  a 
homestead(*). 

The  ratio  of  area  required  to  be.  broken,  planted,  etc.,  is  one-sixteenth  of  the  land  embraced 
in  the  entry,  except  where  the  entered  tract  is  less  than  forty  acres,  in  which  case  it  is  one- 
sixteenth  of  forty  acres.  The  party  making  an  entry  of  a  quarter  section,  or  one  hundred  and 
>ixty  acres,  is  required  to  break  or  plow  five  acres  covered  thereby  during  the  first  year,  and  five 
acres  in  addition  during  the  second  year.  The  five  acres  broken  or  plowed  during  the  first  year 
he  is  required  to  cultivate  by  raising  a  crop,  or  otherwise,  during  the  second  year,  and  to  ^lant 
in  timber,  seeds,  or  cuttings,  during  the  thifd  year.  The  five  acres  broken  or  plowed  during 
the  second  year  he  is  required  to  cultivate  by  raising  a  crop,  or  othen^ase,  during  the  third  year, 
and  to  plant  in  timber,  seeds,  or  cuttings,  during  the  fourth  year.  The  tracts  embraced  in  entries 
of  a  less  quantity  than  one-quarter  section  are  required  to  be  broken  or  plowed,  cultivated,  and 
planted  in  trees,  tree-seeds,  or  cuttings,  during  the  same  periods,  and  t«  the  same  extent,  in  pro- 
portion to  their  total  areas,  as  are  provided  for  in  entries  of  a  quarter  section. 


(•)  Daymude  vt.  McNeely,  Land  Chtmer,  V<d.  3,  p.  38. 

(h)  John  Key,  Land  Ovmer,  Vol.  4,  p.  134. 

(*)  O.  A.  Avery,  Land  Owner,  Vol.  a,  p.  133. 

(0  I-  G.  Peam,  Land  (himer.  Vol.  3,  p.  179. 

(*)  G.  W.  Kniss,  Land  Chvner,  Vol.  a,  p.  117. 

(J)  L.  O.  Straud.  Land  Owner,  Vol.  3,  p.  3. 


(•)  W.  C.  Latimer,  Land  Owner,  Vol.  8,  p.  laa. 
(•)G.  L.  Wood,  Land  Owner,  Vol.  3,  p.  73. 
(«)Wm.  Robertson,  Land  Owner,  Vol.  4,  p.  i6a. 
(>)  W.  T.  Nicholas,  Landowner,  Vol.  t,  p.  9a 
k)  H.  La  French,  Land  Owner,  Vol.  4,  p.  85. 


^A  f 


W 


84 


THE  AMERICAN   SETTLER'S  GUIDE. 


In  case  the  trees,  seeds,  or  cuttings,  are  destroyed  by  grasshoppers,  or  by  extreme  and  unusual 
drouth,  for  any  year  or  term  of  years,  the  time  for  planting  such  trees,  seeds,  or  cuttings,  is 
extended  one  year  for  every  such  year  that  they  are  so  destroyed :  Provided^  the  party  before  he 
•)r  she  becomes  entitled  to  such  extension  of  time,  files  with  the  Register  and  the  Receiver  of 
he  proper  land  office  an  affidavit,  corroborated  by  two  witnesses,  setting  forth  the  destruction 
of  the  trees,  etc.,  and  that,  in  consequence  of  such  destruction,  he  or  she  is  compelled  to  ask  an 
extension  of  time. 

No  final  certificate  shall  be  given,  or  patent  issued,  for  the  land  entered,  until  the  expiration 
of  eight  years  from  the  date  of  entry;  and  if,  at  the  expiration  of  such  time,  or  at  any  time 
within  five  years  thereafter,  the  person  making  the  entry,  or,  if  he  or  she  be  dead,  his  or  her 
heirs  or  legal  representatives,  shall  prove  by  two  credible  witnesses  that  he  or  she  or  they  have 
planted,  and,  for  not  less  than'eight  years,  have  cultivated  and  protected  the  required  quantity  and 
chu^cter  of  trees ;  that  not  less  than  twenty-seven  hundred  trees  were  planted  on  each  acre,  and 
that  at  the  time  of  making  proof  there  shall  be  then  growing  at  least  six  hundred  and  seventy- 
five  living  and  thrifty  trees  to  each  acre,  they  shall  be  entitled  to  receive  a  patent  for  such  tract 
of  land. 

Parties  who  have  already  made  entries  imder  the  timber-culture  acts  of  March  3,  1873,  ^^^ 
March  13,  1874,  of  which  the  act  of  June  14,  1878,  is  amendatory,  may  complete  the  same  by 
compliance  with  the  requirements  of  the  latter  act ;  that  is,  they  may  do  so  by  showing,  at  the 
time  of  making  their  final  proof,  that  they  have  had  under  cultivation,  as  required  by  the  act  of 
June  14,  1878,  an  amount  of  timber  sufficient  to  make  the  number  of  acres  required  thereby, 
being  one-fourth  the  number  required  by  the  former  acts.  It  will  be  sufficient  for  this  if  the 
parties  show  that  of  the  entire  area  embraced  in  their  respective  entries  they  have  cultivated  in 
timber  for  the  period  required  by  the  act  of  1878  an  area  not  less  than  one-sixteenth  part;  and 
fliat  they  have  then  growing  upon  such  cultivated  area  the  prescribed  number  of  "  living  and 
thrifty  trees,"  viz.^  6,750,  where  the  entry  is  for  160  acres;  3,375;  where  it  is  for  80  acres;  and 
1,688,  where  it  Is  for  40  acres  or  less. 

The  requirements  of  law  pertaining  to  a  timber  culture  entry  of  120  acres  are  the  same  as  for 
an  entry  of  160  acres,  less  one- fourth  part,  or  as  for  an  80  acre  tract  and  a  40  acre  tract(»). 

Parties  who  have  made  timber-culture  entries  cannot  commute  by  paying  the  government  price 
per  acre  for  the  land.  Full  compliance  with  the  law  for  the  fiill  time  must  be  shown  before 
title  can  pass  to  the  claimants^*). 

The  timber  culture  laws  in  offering  a  land  bounty  for  the  production  of  timber  on  the  western 
prairies  had  in  view  not  fruit  trees  or  shrubbery,  or  trees  of  subordinate  importance,  but  the 
object  was  to  encourage  the  growth  of  what  are  known  as  "  timber  trees,"  comprising  oak,  ash, 
elm,  and  such  other  trees  as  are  commonly  used  in  ship  and  house  building. 

By  recent  instructions,  however,  trees  that  are  of  value  for  commercial  purposes,  or  for  fire- 
wood and  domestic  purposes,  are  included  among  the  trees  that  may  be  planted  and  cultivated. 
The  planting  of  black  walnut  and  other  trees  that  will  produce  the  greatest  income  at  maturity 
is  recommended. 

The  planting  and  cultivation  in  Southern  California  of  the  Eucalyptus,  or  Australian  gum- 
tree,  is  a  compliance  with  the  timber-culture  laws  («). 

The  Cottonwood  tree  is  included  in  the  list  of  timber  trees  (*). 

Where  a  party  made  a  timber  cultiire  entry  of  one  hundred  and  sixty  acres,  and  has  done 
breaking  and  planting  sufficient  to  comply  with  the  law  in  case  of  an  entry  of  eighty  acres,  he 
will  be  allowed  to  relinquish  the  half  of  his  entry,  and  retain  the  part  on  which  the  trees  planted 
are  situated  (•). 

The  fact  that  a  previous  claimant  had  complied  with  the  timber-culture  law  in  the  matter  of 


(•)  Dodge  &  Chace,  Land  Owner,  Vol.  3,  p.  7a. 
(•)  Amos  Harris,  Land  Owner,  Vol.  3,  p.  71. 
(•)  W.  D.  Gould,  Land  Owner,  VoL  4,  p.  85. 


(*)  L.  R.  Moyer,  Land  Owner,  Vol.  a,  p.  39, 
(*)  Instructions,  luind  Owner,  Vol.  6,  p.  153. 


T3E  AMERICAN  SETTLER'S  GUIDE. 


85 


oreaking  and  planting,  does  not  excuse  a  subsequent  party  who  makes  entry  of  the  same  land 
from  complying  with  the  timber  culture  law(*). 

Where  a  party  enters  for  timber  culture  land,  which  was  formerly  broken  up  aitd  cultiYated, 
he  is  not  required  to  do  the  prescribed  breaking  on  land  not  before  broken,  but  he  may  go  over 
the  land  formerly  broken  and  again  break  it  and  prepare  it  for  the  reception  of  the  trees,  to  the 
extent  of  area  and  in^e  period»prescribed(*). 

A  strict  compliance  with  the  timber  culture  law  in  the  matter  of  breaking,  cultivating,  etc.,  is 
required. 

Where  timber  culture  improvements  were  on  land  prior  to  the  entry  thereol  under  the  timber 
culture  statutes,  such  improvements  will  now  be  credited  to  the  party  making  the  entry (•). 

A  party  may  elect  to  break  the  soil  and  plant  the  trees  sooner  than  the  timber  culture  act 
requires(*). 

A^claimant  has  the  right  to  select  ut  of  the  whole  tract  entered  the  particular  part  to  be  cul- 
tirated  in  timber(«) 

Where  a  timber  culture  claimant  dies,  having  failed  to  comply  with  the  timber  culture  law, 
his  heirs  have  no  rights  in  the  premises  embraced  in  the  entry,  and  the  entry  should  be  cancele«( 
upon  a  proper  showing('). 

C.  CONTEST  AND  CANCELLATION. 

If,  at  any  time  after  one  year  from  the  date  of  entry,  and  prior  to  the  issue  of  a  patent  there- 
for, the  claimant  diall  fail  to  comply  with  any  of  the  above  requirements,  his«ntry  ivill  become 
liable  to  a  contest  in  the  manner  provided  in  homestead  cases,  and  upon  due  proof  of  such 
failure,  the  entry  will  be  canceled,  and  the  land  become  again  subject  to  entry  under  the  home- 
stead laws,  or  by  some  other  person  under  the  timber  culture  law. 

A  contesting  party  must  place  his  application  on  file  in  the  local  land  office  with  his  affidavit, 
initiating  a  contest  against  an  entry  already  made,  but  whether  such  application  entitles  such 
contestant  to  the  privilege  of  making  an  entry  depends  upon  the  testimony  at  the  trial,  lowing 
that  the  first  party  has  not  complied  with  the  law.  If  the  testimony  does  show  non-compliance 
with  the  law,  then,  upon  cancellation  of  the  first  entry,  the  contestant  will  be  allowed  to  perfect 
an  entry  for  himself(*). 

No  preference  right  is  granted  the  contestant  unless  his  application  accompanies  his  affidavit 
initiating  the  contest 

An  entry  made  by  the  preferred  claimant  under  this  act  takes  date  from  the  time  the  affidavit 
is  filed  and  the  fees  and  commissions  paid  (•»). 

There  is  a  provision  of  law  to  allow  a  party  the  preference  right  to  enter  land  embraced  in 
a  timber  culture  entry,  who  files  a  relinquishment  of  such  entry('').  See  Act  of  May  14,  1880, 
p.  49. 

Where  a  contest  has  been  regularly  initiated  against  a  timber  culture  entry  by  a  party  who 
filed  his  affidavit  and  application  to  enter,  such  party  will  have  the  preference  right  of  entry,  if 
the  first  entry  is  canceled  on  account  of  a  relinquishment  thereof (•). 

Lands  covered  by  a  timber  culture  entry  subsequently  canceled  may  be  entered  under  the  pre- 
emption laws,  though  the  preference  right  is  always  with  the  homestead  or  timber  culture 
claimant  who  successfully  contests  the  former  entry(i). 

The  requisites  of  an  affidavit  for  a  continuance  on  the  ground  of  absence  of  a  witness,  are  that 
it  shows,  I .  The  name  and  residence  of  the  witness  and  the  materiality  of  his  testimony ;  2.  The 
exercise  of  proper  diligence  to  procure  the  attendance  of  the  witness;  and  3.  That  the  witness 
can  be  had  at  the  time  to  which  it  is  sought  to  have  the  trial  deferred(*). 

The  question  of  sufficiency  of  notice  in  contested  land  claims  must  be  one  of  fact.     Informa 


•»*< 


(•)  M.  G.  Lee,  Land  Owner,  Vol.  a,  P-  85. 
(•)  Gahan  vs.  Garrcll,  Land  Owner,  Vol.  9,  p,  63. 
{•)  Wilson  vs.  Simmons,  Land  Owner,  Vol.  5,  p.  87. 
(f)  Isaac  Atkinson,  Land  Owner,  Vol.  a,  p.  180. 
{*)  Barrett  vs.  Maybury,  Land  Owner ^  Vol.  4,  p.  77. 
0)  Tewksbury  vs.  Mcl'eck,  Land  Owner,  Vol.  4,  p. 
(k)  Wilson  vs.  Simmons,  Land  Owner ^  Vol.  5,  p.  87. 


(*)  D.  D.  Hoag,  I^nd  Owner,  Vol.  4,  p.  162. 
(*)  O.  A.  A.  Gardner,  Copp's  Public  Land  Laws,  p.  65*1 
(*)  Haynes  vs.  Metcalfe,  Land  Owner,  Vol.  4,  p.  134. 
C>)  Kinney  vs.  Dingman,  Land  Owner,  Vol.  7,  p.  39. 

W.  L.  Burchar,  Land  Owner,  Vol.  3,  p.  72. 
54.    («)  S.  F.  McKinney,  Land  Owner,  Vol,  8,  p.  6. 


86 


'1H£  AMERICAN   SETTLERS  GLIDE. 


tion  which  makes  it  the  duty  of  a  party  to  make  inquiry,  and  shows  where  it  may  be  effectually 
made,  is  notice  of  all  facts  to  which  such  inquiry  might  have  led.  But  a  party  thus  put  on 
•nquiry  is  allowed  a  reasonable  ^me  to  make  it,  before  he  is  affected  with  notice(»). 

The  contestant  in  a  timber  culture  entry  must  defray  the  expenses  incident  to  the  contest.  A 
cross  examination  for  the  purpose  of  creating  expense  and  delav  should  be  arrested.  Sufficiency 
of  notice  is  a  matter  of  fact(*).  * 

In  contests  in  timber  ciilture  entries,  the  required  affidavit  must  be  filed  and  the  published 
notice  must  be  properly  prepared("). 

The  expenses  incident  to  timber  culture  and  homestead  contests  must  be  defrayed  by  the  con 
testants.     Where  rehearings  are  ordered  by  the  General  Land  Office,  an  equitable  adjustment 
of  the  expenses  is  allowed  to  be  made  by  the  local  officers.  (*) . 

In  case  a  timber  culture  entry  is  abandoned,  the  land  covered  by  such  entry  is  immediately 
subject  to  entry  by  another  party  under  the  timber  culture  or  homestead  laws,  bu'  the  'party 
applying  must  give  the  prescribed  notice  and  the  adverse  party  be  allowed  a  hearing,  as  in  other 
contested  cases(*). 

A  party  cannot  enter  under  the  homestead  law  a  part  of  the  land  embraced  in  his  timber 
culture  entry.  He  may  relinquish  his  timber  culture  entry,  in  whole  or  in  part ;  and  upon 
cancellation  thereof,  he  may,  if  he  is  the  first  legal  applicant,  enter  any  part  of  the  land  as  a 
horaestead('). 

There  b  a  provision  of  law  for  the  repayment  of  the  fee  and  commissions  paid  on  a  timber 
culture  entry.  Or  a  new  entry  may  be  made  with  credit  for  the  money  paid  on  a  canceled 
entry.  (•)     See  Act  of  June  16,  1880. 

ADDITIONAL  RUUNGS. 

Unless  land  is  naturally  devoid  of  timber,  it  cannot  be  entered  under  the  timber  culture  law. 
Where  the  timber  has  been  cut  off,  the  land  is  not  subject  to  such  entry.  If  saplings  or  young 
timber  trees  are  found  growing  on  the  land,  it  cannot  be  entered  for  timber  culture  purposes(*). 

Because  a  tract  was  covered  by  a  prior  timber  culture  entry,  is  not  evidence  that  the  land  is 
properly  subject  to  the  timber  culture  laws.  A  party  who  makes  oath  that  a  certain  tract  is 
devoid  of  natural  timber,  should  assure  himself  of  such  fact  by  personal  examination,  or  take 
the  consequences(*). 

Where  a  scattering  growth  of  timber  trees  (especially  when  less  than  fifty  in  number),  exists 
on  the  margin  of  a  stream  of  water,  the  tract  should  be  regarded  as  naturally  devoid  of  timber(i). 

Where  two  parties  apply  simultaneously  to  contest  a  timber  culture  entry,  neither  having  im- 
provements on  the  tract  m  question,  both  may  be  made  parties  to  the  contest,  and  may  bid  for 
tile  privil^e  of  entering  the  land(*). 

In  view  of  the  act  of  May  14,  1880,  an  affidavit  accompanying  an  application  to  make  timber 
culture  entry  is  unobjectionable  because  the  date  of  execution  thereof  is  prior  to  a  relmquishment 
of  another  entry  on  the  same  tract.  Regard,  however,  must  be  had  to  the  time  within  which  it 
is  received  at  the  local  office('). 

An  excess  not  to  exceed  twenty  acres  may  be  allowed  in  timber  culture  entries,  when,  as  in 
fractional  sections,  such  entries  appear  unavoidable.  Such  excess  must  be  paid  for  as  in  home- 
stead entries("). 

Instructions  relative  to  timber  cultwe  entries  must  be  strictly  complied  with. 

Breaking  and  planting  can  be  done  by  an  agent,  but  claimant  is  held  responsible  for  failures 
so  to  doC). 

The  year  within  which  the  timber  culture  claimant  must  break  five  acres,  does  not  expire 
until  the  end  of  the  last  day  of  the  year.     (See  (a)  next  page.) 

(•)  McCaiter  vt.  Dunn,  Land  (Mbmr,  Vol.  5,  p. 


ai. 


(•)  McCarter  vs.  Dunn,  Land  Choner,  Vol.  4,  p.  76. 
(•)  Instiuctions,  Luind  Otvntr,  Vol.  5,  p.  147. 
(f)  Ludwig  Harti,  Land  Owner ^  Vol.  a,  p.  100. 
P)  Schliter  vt.  Off,  Land  Owntr,  Vol.  7,  p.  137. 
(*)  Theodore  Kimm,  Land  Oumer,  Vol.  7,  p.  x8i. 
(■)  Instructions,  Land  Owner,  Vol.  7,  p.  6. 


(k)  Md. 

(4)  Jhd. 

(0  Henry  La  French,  Land  Owner,  Vol.  4,  p.  85. 

O)  B.  F.  Griffin.  Land  Owner,  Vol.  6,  p.  154. 

(»)  F.  M.  Phillips,  Land  Owner,  Vol.  7,  p.  166. 

0)  D.  D.  Merryman,  Land  Owner,  Vol.  8,  p.  141. 

(•)  James  Cassidy,  Land  Owner,  Vol.  8,  p.  9a. 


THE  AMERICAN  SETTLER'S  GUIDE. 


87 


The  pendency  of  one  application  to  contest  a  timber  culture  entry  is  not  necessarily  a  bar  to 
the  initiation  of  a  contest  against  the  same  entr/  by  another  party  (•). 

The  entire  area  required  by  law  can  be  planted  at  once,  provided  the  ground  has  been  pre- 

-lared  properly (*). 

A  timber  culture  claimant  complies  with  the  law  who  replows  or  harrows  the  land  broken 
during  the  previous  year.     Two  years'  preparation  of  the  soil  is  a  legal  requirement,  but  putting 
it  to  crop  is  not  necessarily  required;  but  cultivation  to  crop  or  otherwise  is  required{«). 
'     The  planting  and  cultivation  of  white  willow  fulfills  tiie  requirements  of  tiie  timber  cultiire  act. 

list  of  trees  which  are  regarded  as  timber  tiees— cedar,  pine,  fir,  larch,  €lm,  oak,  black 
locust,  alder,  beech,  plane  tree  (cotton  tree,  buttonwood,  or  cycamore),  chestnut,  spruce,  ash, 
birch,  service  tree  (mountain  ash),  maple  (including  box  eider),  walnut,  cottonwood,  white 
willow,  hickory,  white  wood  (tiilip  tree),  butternut,  and  basswood(*). 

Also  the  following :  alder,  birch,  beech,  basswood,  black  locust,  cedar,  chestnut,  cottonwood, 
fir,  including  spruce,  honey  locust,  larch,  box  elder,  plane  tiree  (otherwise  called  cotton  tree, 
buttonwood,  or  sycamore),  service  tiree  (otherwise  called  mountain  ash),  white  willow,  and 
White  wood  (otherwise  called  tulip  tree),  have  been  decided  as  being  timber  in  tiie  meaning 

of  the  law(«). 

No  patent  can  be  issued  on  a  timber  culture  entry  until  after  tiie  expiration  of  eight  years  of 

compliance  with  the  law^). 

The  relinquishment  of  a  timber  cultiire  claim  should  be  made  in  case  of  deatii  of  claiiiLuui.  0/ 
all  the  heirs,  these,  if  any,  over  twenty-one  years  of  age,  acting  in  person,  and  minors  through 
V.  ^-uardian  duly  appointed  by  the  proper  probate  court,  and  witii  full  power  to  act  Jr  *Ve 

fr«miscs(«). 

The  mere  offering  to  sell  one's  interest  in  a  timber  culture  entry,  is  not  deemed  surticieui 

ground  upon  which  to  base  a  contest(*). 

A  party  alleging  that  a  timber  culture  claim  has  been  sold  and  relinquished,  is  entitied  t^ 
enter  contest  against  tiie  same,  notwithstanding  tiie  year  from  date  of  entry  may  not  rave  elapsed, 
or  the  relinquishment  is  held  by  a  third  party (*). 

The  fact  that  one  party  has  failed  at  a  hearing  to  show  a  timber- culture  claimant's  non-com- 
cVaJtiCC  with  the  law,  does  not  bar  anotiier  party  from  tiie  privilege  of  being  hear^  upon  similar 
rJ'fy^tioas  covering  the  same  period  of  time(^). 

llic  timber  culture  act  does  not  limit  the  right  of  contest  to  one  person  or  one  contest. 

A  contestant  should  specifically  all^  tiie  year  in  which  tiie  entryman  failed  to  comply  witl' 
tht  law,  and  wherein  such  failure  consisted(*). 

No  improvement  and  settlement  made  by  contestee,  after  initiation  of  a  contest  against  his 
•ntry,  shall  accrue  to  his  benefit,  or  act  to  defeai  Uie  vested  rights  of  a  contestant  and  applicantf'^ 

d.  FINAL  PROOF. 

The  act  of  March  3,  1873,  entitled  "An  act  to  encourage  the  gn  wth  of  timber  on  tiie  west- 
cm  prairies,"  provided  that  any  person  might  make  an  entry  under  tiiat  act  on  any  quarter- 
section  of  the  public  lands. 

Entries  under  that  act  were  not  restricted  to  heads  of  families,  persons  t^^  enty-one  years  oy 
age,  citizens,  or  those  who  had  declared  their  intention  of  becoming  citizens  of  the  United 

States.  • 

Persons  making  entiies  under  said  act  were  required  to  plant,  protect,  and  keep  in  a  healtii> 
growing  condition  for  ten  (10)  years,  forty  acres  of  timber  on  the  quarter-section  entered.  The 
trees  were  to  be  not  more  than  twelve  (12)  feet  apart  each  way.  Only  one  quarter  of  any  sec- 
tion could  be  entered.     Entries  were  to  be  made  for  tiie  cultivation  of  timber.     Final  proof 


(»)  Tripp  w.  Stewart,  Land  Owner,  Vol.  7,  p.  39. 
(t)  Rhodes  vt.  hyt^rSt  Land  Owner,  VoU  8,  p.  76 
(•)  F.  M.  PhUUpi,  Land  Owner,  Vol.  7,  p.  166. 
(c)  Charies  King,  Land  Owner,  Vol.  8,  p.  93. 
(I)  Greene  vs.  Graham,  Land  Owner,  Vol.  7,  p.  105 


(fc)  Jorgen  Raon,  Land  Owner,  Vol.  7,  p.  181. 
(a)  C.  S.  Getchell,  Land  Owner,  Vol.  7,  p.  39. 
(f)  S.  F.  McKinney,  Land  Owner,  Vol.  7,  p.  6. 
(fc)  J.  W.  Farmer,  Land  Owner,  Vol.  8,  p.  93. 
(j)  Huls  vs.  Yielding,  Land  Owner,  Vol.  7,  p.  3. 


«k)  Sansudt  vs.  Helmer.  Land  Owner,  Vol.  7,  p.  X05.     (i)  Kinney  vs.  Di«man,  Land  Owner,  Vol.  7.  P    '*i 


.^j 


88 


THE  AMERICAN  SETTLER'S  GUJDE. 


could  be  made  at  the  expiration  of  ten  (lo)  year,  from  the  date  of  entry,  or  at  any  time  wtthin 
three  (3)  years  thereafter,  , 

In  making  final  entry  under  this  act,  the  pm^,  or,  if  he  be  dead,  his  heirs  or  legal  represent- 
auv«  must  "prore  by  two  creditable  witnesses  that  he,  she,  or  they  have  planted,  and  for  not 
less  than  ten  years  have  cultivated  and  protected,"  the  quantity  and  character  of  timber  above 
mentioned. 

The  act  of  Jtoch  .3,  ,874  (,8  Stats.,  j,).  w„  «,  act  «»«,datorjr  of.  «.d,  from  .aid  March 
13.  J874.  »  subtotute  for,  the  act  of  March  3,  ,873.  All  timber  c«lt««  entries  made  bctweeo 
M«ch  .3,  1874,  wd  Jane  14,  .878,  were  made  under  the  act  of  ,874.  This  act  provided 
Aat  cmzens  of  the  Umted  States,  or  persons  who  had  deckred  their  intention  of  becoming 

Entries  were  to  be  made  for  the  cultiration  of  timber. 

nJr^J!^  "'  "^^  °.   *  '»""*"-««i<">.  "d  «»«  Uke  proportion  of  timber  on  less  than  . 

quarter^cuon  were  required  to  be  planted,  protected,  «.d  kept  in  a  healthy  growing  condi- 

bon  for  eight  (8)  year..     The  tree,  we«  to  be  not  more  than  twelve  (»)  fei.^^ch  way. 

My  one  quuter-section,  or  its  equivalent,  could  be  entered  by  any  one  person  under  thU  a«. 

I»7,).r^  ■*  "/  "T  "^  ""*  '!»«*"■'«<=«<'■'  "»  «q»i«d  to  break  ten  (.0)  acre,  of  the 
land  the  first  year,  ten  (10)  acres  the  «cond  year,  and  twenty  (ao)  acres  the  third  year  after 
the  date  of  the  entry;  and  to  plant  ten  (10)  acre,  of  timber  the  second  year,  ten  (.0)  acre,  the 
th.rd  year,  and  twenty  (20)  acre,  the  fourth  year  after  the  date  of  the  entry,  and  in  the  «ne 
pr  Wn  when  the  entiy  was  for  a  less  area  than  on.  qu^ter-section.     Final  proof  could  be 

^^L^^r  '*     ^  ^  '""  '^'°  *'  *"'  "'  *"'^'  "  "  '"^  «"«  '^*'»  «^«  (S) 

In  making  final  entry  under  this  act,  the  party,  or,  if  he  be  dead,  his  heirs  or  WI  ^re. 
«nut.ves,  must  "prove  by  two  credible  witnesses  that  he,  d«.  or  they  have  plSed,and 
for  not  less  than  e.ght  (8)  years  have  cultivated  and  protected,"  the  quantity  and  chJ^lTu 
tmiber  mentioned  in  this  act.  >-"ara«er  n 

„^''  ""' .f  1".^^^ ^  '^'^°  "'''°  ^^  ""P"*^  '^  *«  P""«°"» of  ae  act  for  three 
(3)  ye^,  the  he«s  or  legal  representaUves  had  the  option  to  continue  the  compUance  for  the 
remainder  of  the  eight  years,  and  to  receive  patent  accordingly,  or  to  receive  patent  for  foUr 
(40)  acres  outnght  by  rehnquishing  all  claim  to  the  remainder 

Entries  -nade  under  the  act  of  March  3,  .873,  can  bo  completed,  and  final  proof  made  on. 
der  the  act  of  March  13.  1874.  upon  compliance  with  the  provisions  of  the  latter  act 

By  the  act  of  May  20,  1876  (.9  Stats.,  54),  amendato^  of  the  act  of  1874.  it  was'  provided 
that  whenever  a  party  holding  a  claim  or  making  final  proof  under  said  act  should  Ive.  by 
two  credible  witnesses,  that  the  trees  planted  and  growing  on  said  claim  were  destroyed  bv 
grasshoppers  dunng  any  one  or  more  years,  the  time  allowed  in  which  to  plaM  the  trees  and 

r^oye'd^  **  """'^"'  *'  "■"'  ""'"'^'  °'  ^"^  "  **  ""'  P'*"'"'  «««  «• 

It  was  also  provided  that  the  planting  of  «=eds,  nuts,  and  cuttings,  should  be  considered  a 
compliance  with  the  timber-cuhure  act,  when  such  seeds,  nuts,  and  cuttings,  should  be  Z^ 
erly  and  well  planted,  and  the  ground  properly  prepared  and  cultivated. 

It  «  ■>«*  "ecessary  under  this  act  that  the  planting  shall  be  done  in  one  body,  "  provided  the 
«veral  bodies,  not  exceeding  four  in  number,  planted  by  measurement,  aggr^a.e  the  amoum 
required  and  m  the  time  required  by  the  original  and  amended  ao." 

It  was  provided  that  in  case  the  seeds,  nuts,  or  cuttings,  should  not  germinate  and  grow  or 
Should  be  destroyed  by  the  depredations  of  grasshoppers,  or  from  other  ineviuble  accid^.T'th" 
ground  should  be  replanted,  or  the  vacancies  fiUed  within  one  year  from  the  first  plai^g 
Parties  claiming  the  benefit  of  this  provision  were  to  prove,  by  L  good  and  credTbirTH 
nesses,  that  Uie  ^ound  was  properly  prepared  and  planted,  «,d  th«  the  destruction  of  th. 
«ed5,  nute.  or  cuttmgs,  was  caused  by  inevitable  accident 

The  act  of  June  ,4  ,878  (20  Stats..  ,,3,,  i,  an  act  amendatory  of.  and.  ..  to  aU  entries 
made  since  June  14,  1878,  is  a  substitute  for.  the  act  of  March  13,  ,874 


i> 


THE  AMERICAN  SETTLER'S  GUIDE. 


8d 


•  The  persons  authorized  to  make  entries  under  the  act  of  1878  are  heads  of  famiUes  or  single 
persons  who  have  attained  the  age  of  twenty-one  years,  and  who  are  citizens  of  the  United 
States  or  have  declared  their  intention  to  become  dtizcAs,  and  who  have  made  no  previous 
entry  under  the  timber  culture  laws. 

Entries  are  restricted  to  not  more  than  one  quarter  section,  and  one  entry  only  can  be  made 

by  any  one  person^ 

Only  tracts  embraced  in  sections  which  are  prairie  lands,  or  other  lands  devoid  of  timber,  are 

subject  to  entry  under  this  act. 

The  entry  must  be  made  for  the  cultivation  of  timber,  and  for  the  exclusive  use  and  benefit 
of  the  person  making  the  entry.  It  must  be  made  in  good  faith,  and  not  for  speculation,  nor 
ifor  the  b^efit  of  another. 

Five  (5)  acres  on  a  quarter-section  are  required  to  be  broken  or  plowed  the  first  year,  and 
five  (5)  acres  the  second  year.  The  second  year  the  first  five  acres  must  be  cultivated  to  crop 
or  otherwise.  The  third  year  the  second  five  acres  must  be  cultivated  to  crop  or  otherwise, 
and  the  first  five  acres  must  be  planted  in  timber,  seeds,  or  cuttings.  The  fourth  year  die 
second  five  acres  must  be  planted  in  timber,  seeds,  or  cuttings.  Ten  (10)  acres  are  thus  to 
be  plowed,  planted,  and  cultivated  on  a  quarter-section,  and  the  same  proportion  when  less 
than  a  quarter-section  is  entered.  The  whole  ten  (10)  acres,  or  the  due  proportion  there- 
of, must  be  prepared  and  planted  within  four  years  from  the  date  of  the  entry,  five  (5)  acres 
being  prepared  the  first  and  second  years  and  planted  the  third  year,  and  five  (5)  acres  being 
prepared  the  second  and  third  years  and  planted  the  fourth  year. 

If  the  trees,  seeds,  or  cuttings  are  destroyed  by  grasshoppers  or  by  extreme  and  unusual 
droughts,  the  time  of  planting  may  be  extended  one  year  for  every  year  of  such  destruction, 
upon  Uie  filing  in  the  local  office  of  an  affidavit  by  the  entryman,  corroborated  by  two  wit- 
nesses, setting  forth  the  destruction  and  asking  the  extension  of  time  provided  for  by  the  act 

Final  proof  can  be  made  at  the  expiration  of  eight  (8)  years  from  the  date  of  entry,  or  at 
any  time  within  five  years  thereafter. 

The  requirements  in  making  final  proof  under  this  act  are  as  follows: 

1st.  It  must  be  shown  that  not  less  than  twenty-seven  hundred  (2,700)  trees  of  the  proper 
character  were  planted  on  each  acre  of  the  ten  acres  required  to  be  planted. 

2d.  It  must  be  shgwn  that  the  quantity  and  character  of  trees  as  aforesaid  have  been  culti- 
tivated  and  protected  for  not  less  than  eight  years  preceding  the  time  of  making  proof. 

3d.  It  must  be  shown  that  at  the  time  of  making  proof  there  are  growing  at  least  six  hun- 
dred  and  seventy-five  (675)  living  and  thrifty  trees  to  each  acre  of  the  ten  acres  planted. 

All  entries  made  since  June  14,  1878,  are  made  under  this  act.  Parties  who  made  entries 
under  cither  of  the  former  acts  are  permitted  to  complete  the  same  and  to  make  final  proof 
under  the  act  of  1878,  upon  full  compliance  therewith. 

Section  7  of  the  act  defines  the  meaning  of  the  term  «*  full  compliance  "  as  used  in  that 
section.  It  is,  that  the  parties  shall  show  that  they  have  had  under  cultivation,  as  required  by 
the  act,  an  aihount  of  timber  sufficient  to  make  the  number  of  acres  required  therein;  that  at 
the  time  of  making  final  entry  the  required  number  of  living  and  thrifty  trees  are  growing  on 

the  land. 

It  is  not  requisite,  in  making  pfoof  under  the  act  of  1878,  that  the  manner  of  planting  as 
prescribed  by  that  act  should  be  shown  to  have  been  followed  by  persons  who  made  entries 
under  the  acts  of  1873  and  1874. 

The  planting  in  such  cases  may  have  been  done  in  the  manner  prescribed  by  the  acts  of 
1873  or  1874,  or  in  the  manner  prescribed  by  the  act  of  1878. 

The  character  of  the  trees  should  be  such  as  are  recognized  in  the  neighborhood  as  of  value 
for  timber,  or  for  commercial  purposes,  or  for  firewood  and  domestic  use.  The  enumeration 
of  species  on  page  27  of  the  General  Circular  of  October  i,  1880,  is  only  intended  as  a  general 
guide,  and  is  not  to  be  construed  to  exclude  any  trees  falling  within  the  foregoing  characteriza 

tion. 

In  computing  the  period  of  cultivation,  the  time  runs  from  the  date  of  entry,  if  the  necessary 


III 


!» 


m' 


90 


THE  AMERICAN  SETTLER'S  GUIDE. 


«cts  of  cultivation  were  performed  within  the  proper  time.  The  preparation  of  the  land  and 
the  planting  of  tirces  are  acts  of  cultivation,  and  the  time  authorized  to  be  so  employed,  and 
•ctually  so  employed,  is  to  be  computed  as  a  part  of  the  eight  years  of  cultivation  required  by 
the  statute. 

If  there  have  not  been  eight  (8)  years  of  cultivation,  or  if  there  are  not  the  requisite  numbei 
of  living  and  thrifty  trees  growing  on  the  land  at  the  expiration  of  eight  years  from  the  date  of 
entry,  then  final  proof  cannot  be  made  until  these  requisites  shall  have  been  complied  with. 

The  proof  required  in  final  entry  will  be  the  affidavit  and  testimony  of  the  party,  corrobor- 
ated by  the  testimony  of  two  witnesses,  setting  forth,  specifically  and  in  detail,  all  the  fiicts  of 
the  case,  showing  when  cultivation  was  commenced,  the  acts  performed,  amount  <ff  land 
plowed,  cultivated,  and  planted,  what  was  done  in  each  year,  the  total  number  of  tri^  planted, 
the  total  number  growing,  and  their  size  and  condition  at  date  of  proof,  and  any  other  facts  or 
circumstances  material  to  the  case. 

In  makmg  final  proof  the  timber  culture  claimant  must  appear  in  person  with  his  witnesses, 
at  the  district  land  office  of  the  distinct  in  which  the  land  is  situated,  and  there  make  the  nec- 
essary proofs;  or  the  affidavit  of  the  party  may  be  made,  and  his  testimony,  and  the  testimony 
of  his  witnesses,  given  before  a  judge  or  clerk  of  a  court  of  record  in  such  land  district. 

The  officer  administering  the  oath  or  taking  the  testimony  must  certify  to  the  identity  and 
credibility  of  the  party  appearing  before  hfm. 

In  every  case,  when  final  proof  is  offered  or  submitted,  the  Register  and  Receiver  will  care- 
fully examine  the  evidence,  and,  if  found  sufficient  as  showing  that  the  claimant  has  fully  com- 
plied with  the  law  (and  on  payment  of  the  final  commissions  allowed  by  law),  they  will  pro 
cecd  to  issue  the  final  certificate  and  receipt  in  the  same  manner  as  in  final  homestead  cases. 

The  payments  required  by  law  on  a  timber-culture  entry  are  as  follows: 

OrtgiMo/  Eniries, 
For  more  than  80  acres,  a  fee  of  ;$io,  to  be  paid  at  date  of  entry,  and  $^  commissions; 

For  eighty  acres  or  less,  fee  I5,  commissions,  $4;  total,  I9. 

Final  Entries. 

The  total  payment  required  in  each  case  of  final  entry  is  ^,  payalfle  when  final  proof  is 
made. 

No  additional  or  other  fee,  charge,  gratuity,  or  reward,  is  permitted  to  be  paid  or  received 
for  any  services  rendered  at  district  land-offices  in  connection  with  such  entries. 

A. 

FINAL  AFFIDAVIT. 

Tuoua  cvLTvas  bmtky. 

Acts  of  March  3, 1873,  March  X3,!x874,  and  Jane  14, 1878. 

I.  -7 •»  having  on  the day  of ,  18 — ,  made  a  timber  culture  entry  No.  —  of  section hi 

township  —  of  Range  — ,  subject  to  entry  at , ,  under  the  timber-culture  laws  of  the  United  Sutes 

do  hereby  apply  to  perfect  my  claim  thereto  by  virtue  of  the  seventh  section  of  the  act  of  June  14,  1878,  entitled 
"  An  act  to  amend  an  act  entitled  '  An  act  to  encourage  the  growth  of  timber  on  the  western  prairies/  "  and  for 


that  purpose  do  solemnly 


that  my  aforesaid  ent^  was  made  in  good  iaith,  and  not  for  the  purpose  of-spec- 


nlation,  or  directly  or  indirectly  for  the  use  or  benefit  of  any  other  person  or  persons  whomsoever  •  that  I  have 

not  heretofore  made  any  other  entry  under  the  timber  culture  laws  of  the  United  States  ;  and  I  do  further 

that  the  section  of  land  specified  in  my  aforesaid  entry  is  composed  exclusively  of  prairie  lands  or  other  lands 
devoid  of  timber ;  that  said  entry  was  made  for  the  cultivation  of  timber,  and  that  I  have  planted  on  said  land, 
cultivated,  protected,  and  kept  in  a  healthy,  growing  condition  for  and  during  the  period  of  eight  (8)  years  last 

past, acres  of  {kerf  detcrib*  the  kinds  of  ttmUr)  timber;  that  not  less  than trees  were  planted 

on  ^ch  acre,  and  that  there  are  now  at  least  Iktrt  statt  tk*  mumUr  ^trttt)  living  and  thrifty  trees  to  and  upon 

each  acre,  aggregating  in  total  the  number  of tree*. 

(Signature  of  claimant.) 


Sworn  to  and  subscribed  before  me  this day  of' 


-.tl-w 


/ 


THE  AMERICAN  SETTLER'S  GUIDE. 


91 


B. 

TIMBER  CULTURE  l>ROOF.     . 

TBSTIJiONY  OF  CI.AIl<Airr. 

(Acts  of  March  3,  1873.  March  13,  1874,  and  June  14,  »878.) 
being  caUed  as  a  witness  m own  behalf  in  support  of—-  timber  '=^'^'^  ^^^^^^J^. 

JZZi^^^;PX^ -.  of  range -.  in  ^d^J^S^'Sv'^ A"Vo°t.^^^^^  ''^J^o^^dT^SS^' 
Question  x.  What  is  your  name  written  m  full  and  correcUy  speuea,  your  age,  anu  jw^v-v 

fen  r5;«:ribe  r»  timber-culture  entry,  giving  the  date  thereof  and  the  'number  of  acre,  embraced 
therein. 
Q^rjon  r^at  number  of  acres  of  said  land  was  broken  by  jou  ^^-^^^l^^lf'^r^l^^S^J^r^^ 

acres  so  pre{)ared  and  planted  during  said  ttcond  year.  / 

acres  so  planted  during  Said  third  y tax. 

acres  so  planted  during  saidy<»«r/A  year. 

^had  ^nd  gw;  ai  S^^JSaA.     flow  did  you  proceed  to  obtain  such  an  extension  ? 

*tate  how  you  know  the  fectt  to  which  you  testify  f 

QC^rtTon  ^Tiiave  you  ever  heretofore  made  any  other  timber  culture  entry  ?  If  so.  describe  such  entry  or 
entries  and  sUte  all  the  particulars. 

Q^JtSn  TTiT  the  section  specified  In  your  entry  composed  of  prairie  land,  or  was  it  devoid  of  timber  at  the 
date  of  your  entry  ? 

oXt";  TTs^te  anything  fiirther  within  your  personal  k«>wledge  which  you  have  to  offer  regarding  yout 

aforesaid  entry. 

Answer.  •.  .      . 

(Signature  of  claimant.) 

I  hereby  certify  that  each  question  and  answer  in  the  foregoing  testimony  was  read  to  the  claimant  before 

iiHT—^ml^r^.J^  that  the  same  was  subscrib^l  and  sworn  to  before  me  this day  of 


c. 

(The  testimony  of  two  wltnewes  In  this  form,  taken  separately,  required  in  each  case.) 

TIMBER  CULTURE  PROOF. 


—  No.  —  for  the  — ^ 
-/testified  as  follows : 


TBSTIMONT  OF  WITNESS. 

(Acts  of  March  3, 1873,  March  13,  1874,  and  June  14,  1878.) 

being  called  as  a  witness  in  support  of  the  timber  culture  entry  of  - 

of  section  — ,  to^hip  — ,  range  — ,  in  the  district  of  lands  subjea  to  entry  at 

Question  i.  What  is  your  name.  age.  occupation,  and  residence? 

fetiJn  Ta^  you  weU  acquainted  with ,  the  claimant ;  and.  if  so.  since  what  time  have  you 

known  him  T  . 

oUStionTlfyou  have  personal  knowledge  regarding  claimant's  timber  culture  "try .  PT*  *«  date  when 
said  entry  ^  made,  descnbe  the  tract  or  tracts,  and  sutc  the  number  of  acres  embraced  therem. 

Qu^tion  TIh^w  far  do  you  reside  from  the  land  described  and  have  you  had  continuous  personal  knowledge 
Iff  said  land  and  the  improvements  thereon  during  the  last  eight  (8)  years? 

oS^Ttionrwi  the  section  embracing  the  entry  of  the  claimant  composed  of  prairie  lands  or  o*"  ^°d*„ii 
WS  of  dmb^;?  Describe  the  land  embraced  in  2d  section,  whether  undulating  or  otherwise^and  jf  anj  -tu^ 
timber  was  growing  on  the  tract  named  at  the  date  of  entry  ;  state  the  kind  or  kinds  of  trees  so  growing,  ana 
their  number.  sitiu«tion.  and  sise. 


A 


^7 


^: 


92 


THE  AMERICAN  SETTLER'S  GUIDE. 


Answer.  — — — . 

ho^;;SS»V^'„„5jTh?::?^^^^  we«broke„by  him  d^inethc  fi^eyear. 

tne  day,  month,  and  year  in  ^ci;  i^^ VT<S?  «  ^i^i^; '**r'**r?y' "^^  ^^  Give 

Qescnbe  the  methods  of  breakine  andin  wLrirr^L^,  ^  ^•*' *'**^°  **"*=  ^^"^  breakings  wwe  don«. 
or  number  of  acres  broken.  \  *>"  ^°'"  measurements  were  made,  or  how  you  know  the  ai4 

Answer.  .  < 

p£te"^t°o"tJeidSig  S:  Sii;!;SVf'L^r^"*^  ^^^^^  *»<»  »^t  »^o-  ^^ny  -ere.  of  said  tract  we» 
when  the  planting  wj  doSe' XkinK  kLS  of^rS'  E^d  anfe."  k"'*^'  *"\y^^'  t'  "~'  "  Pn^cticablT 
**'iSswe?"2_*"**  pUAt^  during  said  second  yS  ^  '         ^^*  ^***  ^"^  *'°***  *«  »"»  »'  ""»»>er  o/ 

plSqt^^;^^/  Si"y::^'^o'f  ^d':^"^'  g^nrtr/Sfv^rnVn^  ""7  — r  .c«sof  said  tract  we,, 
when  the  planting  was  done  the  kmd  or  kiWI«  S^tril^^TI  f  3       j  ^'  ™°°"»'  a°d  yew,  *»  near  as  practicable 
acres  so  f^c^^j^^^J^^^^'^^'^l^'*  l^^-  "^  sute  how  you  know  the  area  or  numb«  S' 
Answer.  ■■■■  •/«».. 

piStell^t^^d^^^^^^^^^  ^I'T't:^^  «T  '°7  "^^  --  °f  •-<*  ^t  -«• 

when  the  planUng  wa!  done,  the  ki?or  kin£  SS«*ffied  a^^^'tfJ^K*'  "**  i:*"'  "  n«^  "  practicable, 
ac^^soprepare/and  pUnted  duriij  sJd  fou^y^  ^      ^**'  "**  ****•  ^°*  y°*»  ^'^  »»»«  »«»  or  number  o/ 

tu2;£^V«tro"y^t*^^^  ftir*r^K~^^  '"  »^»  ^^'"^"  ->- 

the  d^^ction  took  place,  and  i^TaU  the'^&^S^rf.'S  yolS^^rTCo  Jled^L         "^^  ^"^  °'  ^"  ^  '^^ 

antelt  I'heXToii^^^^^^  f'---^  Pj--d.  culti^ted.  protected, 

your  knowledge  upon  this  point  obtained  ?  P«"«*.of  ««ht  (8)  years  last  preceding,  and  &t>m  what  sourwS 

Answer.  — — . 


i!SE£SF---«'J'i?^^^ 


arerage  diameter  and 
and  state  how  you  know 


the  facts  to  which  you  testify 
Answer.  . 

2rw*ir  iLii"  ^*  ^*^'""''  ^  y^*'  knowledge,  erer  m«Ie  uny  other  timber  culture  entry  t 

Ans*i*j?°  '*•  "*^*  y°"  *°y  »»»«"»*.  *«ct  or  indir&t.  in  this  daim  f 

afo^e"SS*Sn;fcr^ctlSJ?L'2f "  ^  ^^^^'^  ^^  "^^  ""^^  o^  ^-^  own  penonal  knowledge  regarding  th. 

Answer.  . 

(Signature  of  witness.) 


D. 

TIMBER  CULTURE. 

(Actt  of  MaitA  3, 1873.  March  13. 1874,  and  June  14. 1878.) 
Recbivsr's  Final  Rbcbiit. 
No 


iKCBinr, ) 


-.  the  «im  of  ■—-dollars,  being  the  balance  of  payment  r^^ui^Tby 
^^^  ■  01  section  — .  in  rr>u/ncKir> ^r-.. _         .    /•   ••*•*»  "j 


f  ArpucATioii, 
1        No.  -. 
Rbcsivsr's  Officb, 

— ,  i88-. 


■  (Date.) 
Received  from of—  


Final  Chrtificatk.  ) 

No.  -.      ; 


(Date.) 


TIMBER  CULTURE. 


FtcthftT. 


f  APFLICATIOir, 

i        No.  -. 


(Acts  of  March  3.  1873,  March  13. 1874,  and  June  14. 1878.) 

Land  Officb  at 
dayof  • 


"""■     •»■*»»     »v     %>SS^\/k  

R«gut4r. 


THE  AMERICAN  SETTLER'S  GUIDE. 


93 


Late  Rulings  Under  the  Timber  Culture  Laws. 

It  must  be  understood  that  wbere  two  rulings  apear  to  contradict,  the  later  ruling  governs. 

A  clerk  or  Register  or  Receiver,  but  not  a  special  agent,  may  make  a  timber  culture  entry  in 

a  district  other  than  the  one  in  which  he  is  located(»).  ,    ,   •     t.    i       1 

A  timber  culture  entry  is  allowed  to  stand  notwithstanding  the  party  was  a  clerk  m  the  local 

land  office(*).  ,  .    ,         ,  _/«\ 

A  single  woman  may  marry  after  making  the  affidavit  required  in  a  timber  culture  entry(«). 

A  timber  culture  entry  bv  a  wife  is  void  at  inception(*). 

A  married  woman  cannot  make  a  homestead  or  timber  culture  entry,  unless  she  has  been 

deserted  by  her  husband,  or  for  some  other  reason  can  be  regarded  as  the  head  of  the  family^). 

A  timber  culture  claimant  is  not  compelled  to  reside  in  tile  State  or  Territory  where  his 

claim  is  located(').  y  c  -l^    c 

Where  a  small  quantity  of  timber  exists,  mostly  growing  from  old  stumps  left  by  fire  or  ax. 

the  land  is  devoid  of  timber («).  .      , ,    ^      ., 

If  trees  at  maturity  become  deficient  in  quality,  so  as  to  render  them  unserviceable  for  the 

purposes  for  which  timber  trees  are  ordinarily  used,  the  land  upon  which  they  grow  cannot 

properly  be  designated  timber  land^). 

Timber  culture  entry  otherwise  legal,  made  on  land  containing  a  growth  of  Cottonwood 

trees  at  the  Ume  when  such  trees  were  not  regarded  as  timber  trees  by  the  Land  Department, 

is  a  legal  entry  on  land  "  devoid  of  timber."     Later  rulings  holding  such  trees  as  timber  trees 

cannot  affect  such  entry  or  rights  acquired  thereunder{'). 

The  question  as  to  whether  land  is  devoid  of  timber  should  not  be  determined  by  the  ex^ct 

number  of  trees  growing  thereon,  but  rather  by  ascertaining  whether  nature  has  provided  what 

in  time  will  become  an  adequate  supply  for  the  wants  of  the  people  likely  to  reside  on  the 

ract  in  question(J).  . 

Where  a  natural  growth  of  timber,  varying  from  six  to  thirty  inches  m  diameter,  is  scat- 
ered  over  eighty  acres  of  a  quarter-section,  such  tract  is  not  subject  to  timber  culture  entry(  ). 

Timber  culture  entries  should  be  made  upon  vacant  unimproved  land,  not  upon  cultivated 
land  covered  by  the  valuable  improvements  of  another,  and  in  the  possession  of  another( ). 

A  timber  culture  entry  cannot  be  made  on  lands  within  the  incorporated  limiU  of  a  town("») . 

Application  and  Entry. 
The  affidavit  and  application  in  a  timber  culture  entry  are  considered  as  one  paper,  and  if 
the  affidavit  is  sworn  to  before  the  township  plat  is  on  file  the  application  fails^). 

Where  an  appUcation  to  enter  under  the  timber  culture  laws  is  pending,  a  homestead  entry 

will  not  be  allowed(®). 

A  timber  culture  entry  may  embrace  land  in  a  pre-emption  filing,  subject  to  such  pre-emp- 

tor's  right(P).  . 

The  affidavit  and  appUcation  in  a  timber  culture  entry  cannot  be  made  by  an  agent^i). 

An  application  erroneous  in  form,  afterwards  corrected,  should  take  effect  from  the  date 
when  first  received  at  the  local  land  office('). 

The  relinquishment  of  a  timber  culture  entry  held  for  examination  and  declared  valid  re- 
lates back  to  date  of  filing,  and  an  application  to  enter  presented  between  the  date  of  filing 


(•)  Instructions,  Land  Owner,  Vol.  10,  p.  232. 
(*)  Grandy  vs.  Bedell,  Land  Owner,  Vol.  10,  p.  259. 
(•)  Effie  J.  Thom.is,  Land  Owner,  Vol.  8,  p.  194. 
(*)  Glaze  n.  Bogardus.  Zanu/  0'tvner,\o\.  10,  p.  232. 
(•)  Anna  D.  Wohlfarth,  Za «rf  atuner,\o\.  10,  p.  323- 
(*)  Curtis  vs.  Griffes.  Land  Owner,  Vol.  9,  p.  17a.: 
(t)  Newton  vs.  Laupher,  Land  Owner,  Vol.  10,  p.  171. 
(k)  Mattem  vs.  Parpct.  Land  Owner,  Vol.  10,  p.  299. 
(«)  Cudney  w.  Flannery.  Z<i«//  Oumer,\o\.  xo.p.  55. 
(J)  Blenker  vs.  Slogg^-,  Land  Owner, \o\.  10,  p.  171- 


(»)  Foster  vs.  Patterson,  Z<»«^  07tmer,Wo\.  9.  p.  172. 
(!)  Bender  vs.  Voss.  Land  Oztmer,  Vol.  to,  p.  171. 
(■)  J.  M.  Dayton.  Land  Owner,  Vol.  10,  p.  327. 
(■)  Instructions,  Land  Owner,  Vol.  9,  p.  199. 
(•)  Anthony  ScUman,  Land  Owner,  Vol.  9,  p.  172. 
(P)  Owings  vs.  Lichtenberger,  Land  Owner,  Vol.  9, 

P-  197- 
(4)  John  E.  Cannon,  Land  Owner,  Vol.  9,  p.  64. 

(T)  Banks  vs.  Smith,  Land  Owner,  Vol.  10,  p.  »a6. 


\ 


1 

h,  i 


94 


THE  AMERICAN  SETTLER'S  GUIDE. 


>■' 


1^ 


fc^ 


Ihe  relinquishment,  and  the^date  of  canceling  entry  should  be  received  aathe  first  legal  appU- 
cation(*).  ^       ^*^ 

s    There  is  no  preference  right  of  entry  by  reason  of  settlement  or  of  btraking  a  portion  of 
the  land  prior  to  filing  of  township  plat  in  the  local  Idnd  officc(»). 

An  applicant  under  the  timber  culture  law  is  not  required  to  present  his  application  in 
person,  and  if  he  has  recourse  to  the  mail  for  the  purpose  of  presenting  to  the  local  officer 
the  mstrument  of  his  intenrion,  he  is  entuled  to  the  same  consideration  as  if  pereonally 
present  («).  '  '^  ^ 

Where  timber  culture  applications  are  simultaneous  the  privilege  of  entry  should  be  put  up 
at  auction  (*).  «-       r 

An  excess  above  160  acres  should  be  paid  for  in  cash(«). 

160  acres  may  be  embraced  in  a  timber  culture  entry,  notwithstanding  the  secrion  in  ques- 
tion is  fractional  and  contains  only  342  acres('). 

Only  one  timber  culture  entry  can  be  allowed  in  a  section  which  embraces  862  acres(f ) 

A  successful  contestant  has  thirty  days  to  make  entry.  In  the  meantime,  no  one  can  enter 
other  land  m  the  same  section  under  the  timber  culture  law^). 

A  tii^^r  culture  entry  by  another  party  may  be  allowed  within  the  thirty  days  granted  con- 
testant  withm  which  to  enter  subject  to  the  preference  right  of  contestant(«) 

A  timber  culture  entry  of  arid  land  without  means  of  irrigating  it  indicates  bad  faith,  espe- 
cially if  the  law  IS  not  complied  with  in  respect  to  otherwise  preparing  the  land  for  planting(J) 

A  filing  should  not  be  allowed  where  settlement  is  alleged  subsequent  to  date  of  a  timber 
culture  entry  covering  the  same  land^). 

A  contestant's  entry  dates  from  the  time  it  was  fully  perfected,  and  not  from  date  of  initiat- 
mg  contest('}. 

A  party  who  appears  to  amend  his  timber  culture  entry  cannot  be  allowed  to  embrace  a 
tract  entered  by  another  timber  culture  claimant  who  has  no  notice  of  the  prior  party's  inten- 
tion  to  claim  the  land.  The  first  party  may  be  allowed  to  take  some  other  tract,  or  have  the 
money  j^d  as  fees  and  commissions  refunded («). 

Breaking  and  Cultivation. 

A  season  of  drought  cannot  excuse  the  breaking  required  by  the  timber  culture  lawsC) 
In  a  timber  culture  entry  there  is  no  restriction  when  the  work  must  be  done,  provided  it  it 
done  withm  the  required  time(<»). 

Where  an  agent  fails  to  do  the  breaking  required  within  the  statutory  period,  the  laches  will 
be  cured  if  the  entryman  procures  breaking  before  contest(P). 

The  object  to  be  attained  during  the  first  year  by  a  timber  culture  claimant,  is  a  thorough 
overturning  of  the  soil,  not  in  spots,  but  continuonsly  throughout  the  prescribed  area.  It  is 
immaterial  whether  this^object  be  accomplished  by  plowing  or  otherwise(«»). 

If  eighteen  months  have  elapsed  from  date  of  entry,  it  is  not  sufficient  for  a  contestant  to 
allege  non-compliance  with  the  law  during  the  first  year,  .but  it  must  he  alleged  that  the  proper 
amount  of  breaking  was  not  done  the  first  year,  nor  up  to  the  time  the  affidavit  was  executed('). 

Timber  trees  include  every  kind  valuable  for  timber  or  domestic  purposesC).  | 

(•)  Sim  vs.  McGrew,  Lami  Owner,  Vol.  10.  p.  299 
f»)  Samuel  Dewell,  Landowner,  Vol.  10.  p.  232. 
{«)  William  C.  Young,  Land  Owner,  Vol.  11,  p.  a6. 
(<>)  Instructions,  Land  Owner,  VoL  9,  p.  199. 
(•)  Owen  L.  Ramsey,  Land  Owner,  Vol.  9.  p.  172. 
O  C.  A.  Rice,  Land  Owner,  Vol.  10,  p.  93. 
(•)  Edward  Powell,  LandOwntr,  Vol.  10,  p.  327 
(!•)  William  Ehman,  Land  Owner,  Vol.  9,  p.  36. 
0)  Shanley  vs.  Moran,  Land  Owner,  Vol.  10,  p   93 
(J;  Rowe  vs.  Belief,  Land  Owner,  Vol.  jo,  p,  380. 
(k)  Tinney  vs.  McDonald,  Land  Owner,  Vol.  11    p 


(')  Thoma.s  A.  Cheshire,  Land  Owner,  Vol.  8,  p.  195. 
(■)  Herbert  H.  Moody,  Land  Owner,  Vol.  10,  p.  152. 
(»)  Truax  vs.  Semper,  Land  Owner,  Vd,  9,  p.  79. 
(•)  Gahan  vs.  Garrett,  Land  Owner,  Vol.  9  p.  63. 
(P)  Ewing  vs.  Rickard,  Land  Owner,  Vol.  9,  p.  174. 
(<«)  Blum  vs.  Pctsch,  Land  Owner,  Vol.  11,  p.  25. 
(')  Worthington  vs.  WaUon,  Land  Owner,  Vol.  1 1,  p. 

55. 
(•)  M.  C.  George,  Land  Owner,  \o\.  8,  p.  180. 


(1 


/ 


^ 


THE  AMERICAN  SjETTLER'S  GUIDE. 


W 


Tasmanitn  gum  tie*  may  be  pUnted  for  timber  cultuieC). 

pTng  l«.d  to  crop  is  no.  required  under  timber  culture  law,.  The  ground  may  be  bar- 
lowed  or  otherwise  properly  prepared(*). 

Mulchine  will  be  allowed  in  timber  culture  entries(«). 

CutlTon  ^y  hoeing  and  permitting  a  growth  of  grass  o.  weeds  around  young  ^ees  w^n 
it  will  insure  their  protection  and  growth  better  than  the  customary  cul..yat.on  by  plowmg, 
etc    is  deemed  a  compliance  with  the  timber-culture  Uw(«)  ^    .     ..       „ 

Th"  p^paration  of'the  land  and  planung  of  trees  are  acU  of  <="1~-."^ '^^^e 
ttally  .0  employed  should  be  compu««i  as  p«t  of  the  eight  years  reqmred  m  Umber  culture 

Tat  the  expiration  of  eight  years  from  date  of  entry  the  timber  growing  upon  a  claim  is 
J  in  a  fit  condition  to  meet  the  requirements  of  the  law,  the  claimant  may  be  «"o«d  five 
yl^rd^tional  time  in  order  to  attain  the  required  results,  as  in  thus  case,  notw.thstand.ng 

the  party  had  22,600  trees  upon  his  cUumC).  .    .       .v     ,x.:^a  „„  is  for. 

A  timber  culture  entry  in  which  the  claimant  faiU  to  plant  dunng  the  thurd  year  u>  for 

feitedO- 

Final  Proof. 

A  father,  as  heir,  can  complete  the  timber  culture  entry  of  a  deceased  son(«). 

Contest  and  Relinquishment. 

Practice  rule  I  allows  the  initiation  of  contests  against  alleged  abandoned  or  forfeited  home- 
st^^t^nL  culture  entries  by  any  person,  whether  in  interest  or  not.  but  .n  all  other  c^ 
Tduding  pre-emptions)  only  by  a  party  in  interest.  In  view  of  the  .rreguUr  k-ng  »  tfu, 
S^  the  coLtan.  acquired  no  rights  and  the  rimber  culture  entry  after  reUnqmshment  of  a 
Dre-emntion  claim  by  the  contestee  is  allowed  to  standC).  .  •    j 

■^T  affidavit  of  cintes.  must  be  made  in  timber  culture  cases  after  the  year  has  expred. 

The  difference  of  one  day  is  material(*).  , 

Whl«  a  qualified  par^  desires  to  Lke  both  a  homestead  and  a  timber  culture  ent^r,  he 

mav  commence  contest  against  two  timber  culture  entnesC).  .....v. 

i  ~ls.  affidavit  ag^  a  Umber  culture  enuy  is  insufficient  if  it  does  not  aUege  that  the 

faUuie  complained  of  exists  at  the  present  time(»). 

The  chafes  in  affidavit  of  contest  against  a  timber  culture  entry  must  be  specfic  as  to 

T  »«red  in  .876,  but  claimed  the  benefits  of  the  act  of  .878.  ThU  art  enlarged  the  pro- 
Jons  of  the  act  of  .874.  but  is  not  inconsbtent  therewith  in  respect  to  affidavit  required,  to 
Teffert  ttt  *e  entr/t  made  for  the  cultivation  of  timber,  for  his  own  exclusive  use  and 
l«nefit,  in  good  faith  foir  himself  and  not  for  the  purpose  of  speculation.  The  evidence  show, 
rte  aw  not  to  have  been  complied  with  in  this  respect,  as  Husted  had  bargained  and  sold  or 
lj«d  to  L I  the  entire  tract  .0  another,  who  was  to  cultivate  the  land  for  a  Ume  for  a  par^ 
of  he  ;^eeds  of  the  agricuhural  crop.  H.i^,  That  the  entry  should  be  --led  «  not 
having  been  made  with  a  view  .0  appmpriate  the  land  to  his  own  use.  but  for  speculaUve  pur- 

_   '"TcL'^done  or  omUsions  by  the  timber  culture  claimant  since  date  of  initiating  contest  have 
no  bearing  on  contestant's  rights(»). 

mere  the  first  contest  against  a  timber  culture  entry  is  not  supported  by  kw,  another  con- 

(I)  Cowan  vs.  Woodside,  Land  Cwner,  Vol.  9,  p.  37-  ^ 
(k)  Johnson  vs.  Burke,  Land  Owner,  Vol.  xo,  p.  9q^. 
(«)  Stewart  vs.  Carr,  Land  Owner,  Vol.  n,  p.  42- 
(i)  Milton  F.  Bloss,  Land  Owner,  Vol.  10,  p.  107. 
(k)  Dodge  vs.  MUler,  Land  Owner,  Vol.  10,  p.  399- 
(1)  Rowe  vs.  Beller,  land  (  wmer.  Vol.  10,  p.  380. 
(«)  Klock  vs.  Husted,  Land  Owner,  Vol.  11,  p.  36. 
(■)  Etter  vs.  NoWti.  Land  Owner.  Vol.  xo,  p.  196. 


(•)  W.  A.  Sanders,  Land  Owner,  Vpl.  8,  p.  194. 
(b)  Rhodes  vs.  Avery,  Land  C'wner,  Vol.  8,  p.  76. 
(•)  Enoch  W.  Poor,  Land  Ovmer,  Vol.  8,  p.  195. 
(«)  Reynolds  vs.  Sampson,  Land  Owner,  Vol.  10,  p. 

170. 
(•)  Benjamin  F.  Lake,  Land  Owner,  Vol.  11,  p.  75- 
(f)  Mondelbaum  vs.  lumer.  Land  Owner,  Wo\.  9,  p. 

27. 


I 


:*;; 


i, 


1 


m 


THE  AMERICAN  SETTLER'S  GUIDE, 


L'tiif  j^Tdtn^V^^  ""^^  ^  '"'''^'*''^  ^'""^  '^^  '^"'  """"^  notwithstanding  the  first  contest 

The  contestant  in  a  timber  culture  case  must  show  himself  qualified  to  make  entry  of  the 

hract^xcept  where  it  is  claimed  that  the  entry  was  iUegal  at  inception.     The  contestant  can- 

eL  right(M  "^  ^^^'  ^"*^  ""^  reservation  by  withdrawing  or  rehnquishing  his  prefer- 

As  a  condition  precedent  to  a  second  contest  against  the  same  timber  culture  entry,  the 
former  case  must  have  been  finally  adjudicated,  including  appeal  (•) 

Offering  to  sell  one's  interest  in  a  timber  culture  entry  is  insufficient  ground  for  contest(-). 

1  ne  act  of  June  14,  187S,  restricts  a  contest  against  a  prior  timber  culture  entrv  to  one  who 
seeks  to  enter  under  the  timber  culture  or  homestead  law.  and  in  the  absence  of  any  such  ap- 
plication  there  is  no  right  of  contest(«). 

Where  the  contestant  dies,  as  his  right  is  a  personal  one.  it  leaves  the  case  between  the  gov- 
emment  and  the  entryman(').  ^ 

An  alien  may  declare  his  intention  to  become  a  citizen  of  the  United  States,  make  a  timber 
culture  entry,  and  be  absent  from  the  United  States  thereafter  for  two  years  or  more,  without 
torfeiting  his  entry,  provided  he  returns  and  the  timber  culture  law  is  complied  with(«) 

A  qualified  party  may  make  a  relinquishment  of  his  timber  culture  claim  and  re-enter  as 
homestead. 

A  party  caimot  make  relinquishment  of  one  timber  culture  claim  and  make  another  timber 
culture  entry (''). 

The  purchaser  of  the  relinquishment  of  a  public  land  entry  gains  no  rights  against  the  United 
States  from  the  mere  fact  of  such  purchase,  and  the  question  of  duplicate  sales  or  of  the  pay- 
ment or  non-payment  of  the  purchase  money,  has  no  legal  bearing  in  the  determination  6f  a 
case(M. 


(•)  Bivins  vs.  Shelly.  Z^«/  o«,..r.  Vol.  .o,  p.  ,„.  (f)  Morgan  v..  Doyk.  l^mt  Onm^r.  Vol  ti  .  „, 
(•)  Schneider  W.Bradley,  Za«</C>7wrrr,  Vol.  9,  p  64  35  ,     « •  ",  p. 

J!!  R  ^'  ^^T'  ^"^  '^"''  ^°'-  ^'  P-  '3.  W  W.  A.  Lewis.  Land  Owner.  Vol.  8.  p.  ,aa. 

(.)  Bundy  w.  LivingstoD.  Land  Oumer.  Vol.  9.  p.  (.)  Andrew  Korbe.  Land  Ovmtr.  Vol.  ,0,  p.  ,,4. 


CHAPTER   VI. 

MISCELLANEOUS. 

L  Townsites. 

The  President  is  authorized  to  reserve  from  the  public  lands,  whether  surveyed  or  unsnr 
>eyed,  townsites  on  the  shores  of  harbors,  at  the  junction  of  rivers,  important  portages,  or  anj 
natural  or  prospective  centers  of  population. 

The  old  method  of  obtaining  title  to  townsite  lands  is  as  follows : 

When,  in  the  opinion  of  the  President,  the  public  interests  require  it,  it  shall  be  the  duty 
of  the  Secretary  of  the  Interior  to  cause  any  of  such  reservations,  or  part  thereof,  to  be  sur- 
veyed into  urban  or  suburban  lots  of  suitable  size,  and  to  fix  by  appraisement  of  disinterested 
persons  their  cash  value,  and  to  offer  the  same  for  sale  at  public  outcry  to  the  highest  bidder, 
and  thence  afterward  to  be  held  subject  to  sale  at  private  entry  according  to  such  regulations 
as  the  Secretary  of  the  Interior  may  prescribe  ;  but  no  lot  shall  be  disposed  of  at  public  sale 
or  private  entry  for  less  than  the  appraised  value  thereof.  And  all  such  sales  shall  be  con- 
ducted by  the  Register  and  Receiver  of  the  land  office  in  the  district  in  which  the  reservation 
may  be  situated,  in  accordance  with  the  instructions  of  the  Commissioner  of  the  General 
Land  Office. 

In  any  case  in  which  parties  have  already  founded,  or  may  hereafter  desire  to  found,  a  city 
or  town  on  the  public  lands,  it  may  be  lawful  for  them  to  cause  to  be  filed  with  the  recorder 
for  the  county  in  which  the  same  is  situated,  a  plat  thereof,  for  not  exceeding  six  hundred 
and  forty  acres,  describing  its  exterior  boundaries  according  to  the  lines  of  the  public  surveys, 
where  such  surveys  have  been  executed ;  also  giving  the  name  of  such  city  or  town,  and  ex- 
hibiting the  streets,  squares,  blocks,  lots,  and  alleys,  the  size  of  the  same,  with  measurements 
and  areas  of  each  municipal  subdivision,  the  lots  in  which  shall  each  not  exceed  four  thousand 
two  hundred  square  feet,  with  a  statement  of  the  extent  and  general  character  of  the  improve- 
ments ;  such  map  and  statement  to  be  verified  under  oath  by  the  party  acting  for  and  in 
behalf  of  the  persons  proposing  to  establish  such  city  or  town ;  and  within  one  month  after 
such  filing  there  shall  be  transmitted  to  the  General  Land  Office  a  verified  transcript  of  such 
map  and  statement,  accompanied  by  the  testimony  of  two  witnesses  that  such  city  or  town 
has  been  established  in  good  faith,  and  when  the  premises  are  within  the  limits  of  an 
organized  land  district,  a  similar  map  and  statement  shall  be  filed  with  the  Register  and 
Receiver;  and  at  any  time  after  the  filing  of  such  map,  statement,  and  testimony  in  the  Gen- 
eral Land  Office,  it  may  be  lawful  for  the  President,  to  cause  the  lots  embraced  within  the 
limits  of  such  city  or  town  to  be  offered  at  public  sale  to  the  highest  bidder,  subject  to  a  min- 
imum of  ten  dollars  for  each  lot;  and  such  lots  as  may  not  be  disposed  of  at  public  sale 
shall  thereafter  be  liable  to  private  entry  at  such  minimum,  or  at  such  reasonable  increase  or 
diminution  thereafter  as  the  Secretary  of  the  Interior  may  order  from  time  to  time,  after  at 
least  three  months'  notice,  in  view  of  the  increase  or  decrease  in  the  value  of  t*he  municipal 
property.  But  any  actual  settler  upon  any  one  lot,  as  above  provided,  and  upon  any  addi- 
tional lot  in  which  he  may  have  substantial  improvements,  shall  be  entitled  to  prove  up 
and  purchase  the  same  as  a  pre-emption,  at  such  minimum,  at  any  time  before  the  day  fixed 
for  the  public  sale. 

When  such  cities  or  towns  are  established  upon  unsurveyed  lands,  it  may  be  lawful,  after 
the  extension  thereto  of  the  public  surveys,  to  adjust  the  extension  limits  of  the  premises 
•ccording  to  those  lines,  where  it  can  be  done  without  interference  with  rights  which  may  be 
7  (97) 


^ 


mr 


THE  AMERICAN   SETTLER'S  GUIDE. 


vested  by  sale.     Putents  for  all  lots  so  disposed  of  at  public  or  private  sale  are  issued  as  IB 
ordinary  cases. 

If  within  twelve  months  from  the  establishment  of  a  city  or  town  on  the  public  domain,  the 
parties  interested  refuse  or  fail  to  file  in  the  General  Land  Office  a  transcript  map,  with  the 
statement  and  testimony  called  for  above,  the  Secretary  of  the  Interior  will  cause  a  survey  and 
plat  to  be  made  of  such  city  or  town,  and  thereafter  the  lots  in  the  same  shall  be  disposed  <A 
as  required  by  such  provisions,  with  this  exception,  that  they  shall  each  be  at  an  increase  of 
fifty  per  centum  on  the  minimum  of  ten  dollars  per  lot. 

The  preceding  method  is  not  much  used.     The  better  one  is  as  follows : 

In  case  the  town  is  incorporated,  the  corporate  authorities  thereof,  and,  if  not  incorporated, 
the  judge  of  the  county  court  for  the  county  in  which  the  town  is  situated,  may  enter  at  the 
proper  United  States  land  office,  and  at  the  minimum  price  of  |i.?5  per  acre,  the  land  so 
settled  and  occupied  for  townsite  purposes,  in  trust  for  the  occupants  thereof,  according  to  their 
respective  interests ;  the  execution  of  which  trust,  as  to  the  disposal  of  the  lots  in  the  town, 
and  the  proceeds  of  the  sales  thereof,  to  be  conducted  under  such  regulations  as  may  be  pre- 
scribed by  the  legislature  of  the  State  or  Territory  in  which  the  same  may  be  situated. 

The  entry  of  the  land  must  be  made,  or  a  declaratory  statement  of  the  purpose  of  the 
inhabitants  to  enter  it  as  a  townsite  must  be  filed  with  the  Register  of  the  proper  land  office, 
prior  to  the  commencement  of  the  public  sale  of  the  body  of  land  in  which  it  is  included,  and 
the  entry  or  declaratory  statement  must  include  only  such  land  as  is  actually  occupied  by  the 
town,  and  the  title  to  which  is  in  the  United  States ;  but  m  any  Territory  in  which  a  land 
office  may  not  have  been  established,  such  declaratory  statements  may  be  filed  with  the  sur- 
veyor-general of  the  surveying  district  in  which  the  lands  are  situated,  who  shall  transmit  the 
same  to  the  General  Land  Office. 

Where  the  number  of  inhabitants  is  one  hundred  and  less  than  two  hundred,  not  exceeding 
three  hundred  and  twenty  acres  can  be  embraced  in  an  entry ;  where  the  population  is  more 
than  two  hundred  and  less  than  one  thousand,  not  exceeding  six  hundred  and  forty  acres ;  and 
where  the  inhabitants  number  one  thousand  and  over,  not  exceeding  twelve  hundred  and 
eighty  acres ;  and  for  each  additional  one  thousand  inhabitants,  not  exceeding  five  thousand 
in  all,  a  further  grant  of  three  hundred  and  twenty  acres  is  allowed. 

If  upon  surveyed  lands,  the  entry  shall  in  its  exterior  limits  be  made  in  conformity  to  the 
legal  subdivisions  of  the  public  lands  authorized  by  law. 

When  it  is  desired  to  enter  a  townsite  found  upon  the  unsurveyed  public  lands,  a  written 
application  should  be  presented  to  the  surveyor-general  of  the  proper  district  for  a  survey,  and 
the  amount  estimated  by  him  as  sufficient  to  cover  the  said  cost  and  expenses  must  be 
deposited  with  any  Assistant  United  States  Treasurer  or  designated  depositary  in  favor  of  the 
United  States  Treasurer,  the  depositor  taking  a  duplicate  certificate  of  deposit,  one  to  be  filed 
with  the  surveyor-general,  and  the  other  retained  by  the  depositor.  On  receiving  such  cer- 
tificate, showing  that  the  requisite  sum  has  been  deposited  in  a  proper  manner  to  pay  for  the 
work,  the  surveyor-general  will  transmit  to  the  Register  and  Receiver  x>f  the  district  land  office 
bis  certificate  of  such  payment  having  been  made,  and  will  contract  with  a  competent  United 
States  deputy  surveyor,  and  have  the  survey  made  and  returned  in  the  same  manner  as  other 
public  surveys,  after  which  the  lands  embraced  within  the  site  may  be  entered,  or  filed  upon, 
as  in  the  case  of  townsites  upon  surveyed  lands. 

All  miliUry  and  other  reservations  of  the  United  States,  private  grants,  and  valid  raining 
claims  are  excluded  from  the  operation  of  these  townsite  laws.     In  patents  issued  thereunder 
it  is  expressly  declared  as  follows,  viz :  "  No  title  shall  be  hereby  acquired  to  any  mine 
of  gold,  silver,  cinnabar,  or  copper,  or  any  valid  mining  claim  or  possession  held  under  ex 
isting  laws  of  Congress." 

The  amount  of  land  that  can  be  reserved  from  pre-emption  and  homestead  entry,  by  reason 
of  the  existence  or  incorporation  of  a  town  upon  the  public  domain,  is  two  thousand  five 
hundred  and  sixty  acres,  unless  the  excess  shall  *'  be  actually  settled  upon,  inhabited,  im 
proved,  and  used  for  business  and  municipal  purposes." 


THE  AMERICAN  SETTLER'S  GUIDE. 


n  f 


9» 


Pre-emption  and  homestead  entries  already  made  within  the  corporate  limits  of  a  town  are 
confirmed,  the  entries  being  regular  in  all  respects ;  Providtd^  it  shall  be  satisfactorily  shown 
that  the  lands  so  entered  are  "  not  settled  upon  or  used  for  any  municipal  purpose,  nor  de- 
voted to  any  public  use  of  such  town." 

When  the  corporate  limits  of  a  town  embrace  lands  in  excess  of  the  maximum  quantity 
allowed,  the  proper  authorities  may  select  those  portions  that  are  actually  occupied,  used,  and 
improved  for  municipal  purposes,  which  lands  shall  be  reserved  from  pre-emption  and  home- 
stead entry,  and  the  residue  will  be  restored,  or  become  subject  to  such  settlement  and  entry. 
This  selection  must  be  made  within  sixty  days  from  notice ;  and  in  default  thereof,  a  hearing 
will  be  ordered  and  testimony  taken  as  to  the  condition  of  the  land,  and  such  portion  set 
apart  as  shall  appear  to  be  within  the  meaning  of  the  act. 

Additional  entries  may  be  made  by  towns,  where  entries  have  already  been  made,  in  cases 
in  which  an  increase  in  the  number  of  inhabitants  would  entitle  them  to  an  entry  of  a  larger 
area ;  such  entries,  however,  to  be  within  the  maximum  amount,  or  two  thousand  five  hundred 
and  sixty  acres. 

The  inhabitants  of  these  towns  or  cities  are  limited,  however,  to  one  or  the  other  of  the 
modes  provided  in  the  law,  and  cannot  commence  proceedings  under  both  systems. 

II.   Railroad  Grants. 

a.   HOMESTEAD  AND   PRE-EMPTION  CLAIMS   IN  GENERAL. 

Under  the  provisions  of  the  acts  of  Congress  granting  lands  to  aid  in  the  construction  of 
railroads,  wherein  there  are  excepted  from  such  grants  the  lands  to  which  a  valid  pre-emption 
or  homestead  right  had  attached  at  the  time  when  the  grant  may  have  become  effective,  the 
Land  Department  has  decided  as  follows : 

1.  A  homestead  entry,  made  by  a  person  duly  qualified,  which  is  in  all  respects  regular 
and  legal,  excepts  the  land  covered  thereby  from  the  operation  of  a  railroad  grant  attaching 
during  the  existence  of  such  entry. 

Under  this  ruling  it  is  no  longer  necessary  to  hold  investigations  for  the  purpose  of  inquir 
ing  into  the  period  of  residence  of  the  claimant,  his  acts  respecting  settlement  upon  ana 
cultivation  of  the  tract,  etc. ;  but,  if  the  entry  appears  upon  its  face  to  be  valid,  no  hearii^ 
will  be  ordered. 

In  case  allegations  are  presented  by  a  railroad  company  tending  to  show  fraud  or  irregu- 
larity in  the  initiation  of  the  entry,  proper  opportunity  will  be  afforded  for  the  presentation  of 
proof  thereof. 

The  law  (section  22S9,  United  States  Revised  Statutes)  requires  that  a  person  making  a 
homestead  entry  must  be  over  twenty-one  years  of  age,  or  the  head  of  a  family,  and  a  citizen 
of  the  United  States,  or  have  declared  his  intention  to  become  such ;  and,  at  the  time  of 
making  such  entry,  he  must  swear  that  it  is  made  for  the  purpose  of  cultivation,  and  not 
directly  or  indirectly  for  the  use  and  benefit  of  any  other  person. 

The  foregoing  regulation  has  reference  only  to  lands  within  the  granted  limits  of  railroads, 
the  Supreme  Court  of  the  United  States  having  receq|Iy  decided,  in  the  case  of  Michael  Ryan 
vs.  Central  Pacific  Railroad  Company,  that  the  right  to  indemnity  lands  does  not  attach  until 
those  lands  are  regularly  selected.  Where,  however,  entries  or  filings  have  been  admitted 
upon  lands  within  the  indemnity  limits  of  any  railroad  grant,  they  ^ill  be  allowed  to  stand 
awaiting  the  final  adjustment  of  such  grant,  when,  if  the  tracts  are  not  required  in  satisfaction 
thereof,  the  entries  or  filings  may  be  consummated. 

2.  A  pre-emption  claim  which  may  have  existed  to  a  tract  of  land  at  the  time  of  the  aHach- 
ment  of  a  railroad  grant,  if  subsequently  abandoned  and  not  consummated,  even  thougti  in  all 
respects  legal  and  bona  fide^  will  not  defeat  the  grant,  it  being  held  that  upon  the  failure  of 
spch  claim  the  land  covered  thereby  goes  to  the  grant  33  of  the  date  when  the  grant  became 
effective. 

Under  this  ruling,  no  hearings  can  be  ordered  for  the  purpose  of  ascertaining  the  facts 
respecting  the  settlement,  occupation,  improvement  of  the  land,  etc.,  by  such  pre-emptio« 


V.  \ 


-li.i 


too 


THE  American  settler»s  guide. 


IK, 


claimant  at  time  of  the  attachment  of  the  grant;  for  if  «uch  facts  are  established,  under  the  de- 
dsion,  the  land  is  excepted  from  the  grant. 

i.  RKLINQUISHMSNTS  IN  FAVOK  OF  aBTTLBIS. 

By  an  act  of  Congress  approved  June  22,  1874,  (18  SUt.,  p.  194,)  it  is  provided : 

That  in  the  adjustment  of  all  railroad  land  grants,  whether  made  directly  to  any  railroad 
company  or  to  any  State  for  railroad  purposes,  if  any  of  the  lands  granted  be  found  in  the 
possession  of  an  actual  settler  whose  entry  or  filing  has  been  allowed  under  the  pie-emption 
•or  homestead  laws  of  the  United  States  subsequent  to  the  time  at  which,  by  the  decision  of 
the  land  office,  the  right  of  said  road  was  declared  to  have  attached  to  such  lands,  the 
grantees,  upon  a  proper  relinquishment  of  the  linds  so  entered  or  filed  for,  shall  be  entitled 
to  select  an  equal  quantity  of  other  lands  in  lieu  thereof  from  any  of  the  public  lands  not 
mineral,  and  within  the  limits  of  the  grant,  not  otherwise  appropriated  at  the  date  of  selection, 
to  which  they  shall  receive  title  the  same  as  though  originally  granted.  And  any  such  entries 
or  filings  thus  relieved  from  conflict  may  be  perfected  into  complete  title  as  if  such  lands  had 
not  been  granted  :  Providedy  That  nothing  herein  contained  shall  in  any  manner  be  so  con 
strued  as  to  enlarge  or  extend  any  grant  to  any  such  railroad,  or  to  extend  to  lands  reserved 
in  any  land  grant  made  for  railroad  purposes  :  And  provided  further ^  That  this  act  shall  not 
be  construed  so  as  in  any  manner  to  confirm  or  legalize  any  decision  or  ruling  of  the  Interior 
"bepartment  under  which  lands  have  been  certified  to  any  railroad  company,  when  such  lands 
have  been  entered  by  a  pre-emption  or  homestead  settler  after  the  location  of  the  line  of  the 
road,  and  prior  to  the  notice  to  the  local  land  office  of  the  withdrawal  of  such  lands  from 
market. 

An  inducement  is  thus  offered  to  such  railroad  companies  as  may  be  found  entitled  to  lands 
held  by  actual  settlers  under  the  pre-emption  or  homestead  laws,  to  relinquish  in  favor  of  the 
settlers,  and  receive  other  lands  in  lieu  of  those  surrendered. 

Upon  the  filing  of  such  relinquishment,  the  General  Land  Office  is  authorized  to  recognize 
he  filing  or  entry  of  the  settler  in  the  same  manner  as  if  the  land  had  not  been  granted  to  the 
ailroad  company.     Relinquished  lands  are  rated  at  j^i.25  per  acre. 

When  the  superior  right  of  the  company  is  ascertained,  and  it  is  found  that  the  claim  of  the 
settler  is  such  that  it  would  be  admitted  were  the  railroad  claim  extinguished,  the  General 
Land  Office  will,  in  all  practicable  cases,  direct  the  attention  of  the  officers  of  the  company  to 
the  fact,  and  request  an  explicit  answer  whether  or  not  the  land  will  be  relinquished. 

At  the  same  time  it  will  be  well  for  the  party  interested  to  seek  for  himself  the  relief  indi- 
cated by  direct  application  to  the  railroad  authorities,  and  thereby  aid  in  securing  a  speedy 
and  satisfactory  adjustment. 

C.   CONFIRMATION   OF  PRE-EMPTION  AND   HOMESTEAD   CLAIMS. 
.     On  the  2ist  of  April,  1876,  Congress,  by  an  act  entitled  "An  act  to  confirm  pre-emption 
and  homestead  entries  of  public  lands  within  the  limits  of  railroad  grants,  in  cases  where 
such  entries  have  been  made  under  the  regulations  of  the  Land  Department,"  declared  ; 

That  all  pre-emption  and  homestead  entries,  or  entries  in  compliance  with  any  law  of  the 
United  States,  of  the  public  lands,  made  in  good  faith  by  actual  settlers,  upon  tracts  of  land 
of  not  more  than  one  hundred  and  sixty  acres  each,  withirt  the  limits  of  any  land  grant,  prior 
to  the  time  when  notice  of  the  withdrawal  of  the  lands  embraced  in  such  grant  was  received 
at  the  local  land  office  of  the  district  in  which  such  lands  are  situated,  or  after  their  restora- 
Hon  to  market  by  order  of  the  General  Land  Office,  and  where  the  pre-emption  and  home- 
stead  laws  have  been  complied  with,  and  proper  proofs  thereof  have  been  made  by  the  parties 
holding  such  tracts  or  parcels,  they  shall  be  confirmed,  and  patent  for  the  same  shall  issue  to 
the  parties  entitled  thereto. 

Section  2.  That  when  at  the  time  of  such  withdrawal  as  aforesaid  valid  pre-emption  or 
homestead  claims  existed  upon  any  lands  within  the  limits  of  any  such  grants  which  after- 
ward were  abandoned,  and,  under  the  decisions  and  rulings  of  the  Land  Department,  were 
re-entered  by  pre-emption  or  homestead  claimants  who  have  complied  with  the  law  govemin^; 


THE  AMERICAN  SETTLER'S  GUIDE 


101 


pre-empdon  or  homestead  entries,  and  shall  make  the  proper  proofs  required  under  such  laws 
such  entries  shall  be  deemed  valid,  and  patents  shall  issue  therefor  to  the  person  entitled 
thereto. 

Section  3.  That  all  such  pre-emption  and  homestead  entries  which  may  have  been  made 
by  permission  of  the  Land  Department,  or  in  pursuance  of  the  rules  and  instructions  thereof 
within  the  limits  of  any  land  grant,  at  a  time  subsequent  to  expiration  of  such  grant,  shall  be 
deemed  valid,  and  a  compliance  with  the  laws  and  the  making  of  the  proof  required  shall 
entitle  the  holder  of  such  claim  to  a  patent  therefor. — (ip  Stat.^ p.  35.) 

It  is  required  that  every  application  under  this  act  shall  be  in  such  form  as  to  distinctly  set 
forth  the  facts  in  the  case,  and  the  specific  grounds  upon  which  the  party  applying  claims  to 
be  included  in  the  terms  of  the  law ;  and  after  the  application  shall  have  been  filed,  the 
applicant  shall  be  allowed,  to  make  proof  of  compliance  with  the  pre-emption  or  homestead 
laws  as  provided  in  this  act. 

Applications  under  this  act  must,  in  all  cases,  be  made  to  the  local  land  officers  of  the 
district  within  which  the  land  claimed  is  situated,  and  the  proof  required  must  be  taken  be 
fore  them,  or  before  any  person  authorized  by  law  to  take  the  same. 

No  person  shall  be  deemed  to  have  lost  any  right  who  failed  to  make  the  proof  required 
by  the  pre-emption  or  homestead  laws,  by  reason  of  any  decision  or  ruling  of  the  General 
Land  Office  prior  to  the  approval  of  this  act,  and  all  such  i>ersons  may  now  make  the  proof 
required. 

III.  State  Lands. 

The  lands  for  sale  by  the  several  States  were  mostly  donated  to  them  by  the  general 
Government  for  internal  improvements  and  educational  purposes.  Some  States,  like  Texas, 
derived  their  public  lands  from  a  foreign  power.  The  sixteenth  and  thirty-sixth  sections*in 
every  township  in  the  public  land  States  and  Territories  are  reserved  for  school  purposes,  and 
must  be  bought  of  the  State,  unless  the  settler  went  thereon  prior  to  their  survey  in  the  field 
when  he  is  allowed  to  secure  title  through  the  United  States  Land  Office.  Parties  who  find 
from  the  United  States  officers  that  the  lands  they  wish  to  buy  belong  to  the  State,  should 
apply  to  the  Slate  land  officers.  (Sec  Chapter  VII.)  The  advantages  claimed  on  behalf  of 
State  lands  are: 

I.  They  are  mostly  situated  in  the  older  portions  of  the  State,  where  the  settler  has  the 
advantages  of  railroad  facilities,  towns  and  markets,  and  where  school  houses,  churches,  and 
court  houses  are  already  built,  and  society  fully  organized.  2.  They  are  sold  on  long  time, 
in  annual  installments,  at  a  moderate  rate  of  interest.  3.  The  title  comes  directly  from  the 
State,  and  there  can  be  no  question  as  to  title  because  of  mortgages,  judgments,  back  taxes, 
etc.  4.  The  purchaser  can  pay  up  the  balance  due  at  anji  time  within  the  long  period  allowed 
by  the  State,  and  procure  a  deed. 

IV.   Private  Land  Claims. 

These  claims  arise  under  grants  of  various  kinds  from  foreign  governments,  from  whom 
the  United  States  obtained  the  country  by  treaty.  The  majority  are  of  Mexican  origin,  while 
many  Spanish,  and  some  French  and  English,  claims  remain  unadjusted.  No  one  will  pur- 
chase land  under  these  unpatented  grants  without  first  securing  the  favorable  opinion  in  writ- 
xig  of  a  land  lawyer. 

As  these  claims  are  protected  by  treaty  stipulations,  they  are  not  defeated  by  railroad  grants, 
State  selections,  mining  locations  or  homestead,  pre-emption,  or  other  claims  under  the  United 
States.  Many  fraudulent  private  land  claims  exist,  and  of  these  all  settlers  should  beware, 
for  they  are^ worthless  and  void.     Whoever  invests  in  them  wastes  his  money. 

InunigranU  will  be  cautious  about  settling  upon  land  claimed  under  a  foreign  title,  for  they, 
are  likely  to  be  expelled  by  the  courts  as  trespassers,  and  tlie  money  they  may  have  invested 
in  buildings  and  improvements  will  be  a  total  loss. 

Settlers  will  occasionally  be  offered  lands  held  under  some  special  or  private  act  of  Con- 
gress.    Only  on  a  clear  abstract  of  title,  showing  the  land  to  be  free  from  taxes,  judgments 

f»)  In  the  older  States  only  the  sixteenth  section  is  reserved  for  school  purposes. 


/ 


102 


THE  AMERICAN   SETTLER'S  GUIDE. 


if 


and  mortgages,  made  at  the  expense  of  the  seller,  and  tracing  the  titlt  back  to  the  govcmmeni 
or  other  satisfactory  source,  should  the  setUer  buy  lands  of  a  private  individual  or  corporation. 

V.  Indian  Lands. 
Certain  lands  in  the  Territories  and  States  are  set  apart  for  the  use  of  Indians.  No  one  i< 
allowed  to  prospect  for  minerals  or  settle  upon  these  lands.  Through  the  united  action  of  a 
delegation  in  Congress,  the  boundaries  of  an  Indian  reservation  may  be  changed.  Should 
a  settler's  improvements  be  included  within  the  limits  of  a  reservation  set  apart  after  he  settled 
upon  the  land,  he  will  receive  pay  from  the  government,  usually  at  the  full  value,  for  what- 
ever has  been  taken  from  him. 

VL   Mines  and  Mineral  Lands.  (*) 

Lands  valuable  for  deposits  of  minerals,  such  as  fire  and  pottery  clays,  marble,  asphalt, 
soda,  sulphur,  diamonds,  or  of  the  precious  and  common  metals,  are  subject  to  sale  under  the 
mining  laws.  A  location  must  be  first  duly  made  and  recorded.  Certain  sums  must  be 
annually  expended,  and  five  hundred  dollars  worth  of  labor  and  improvements  must  be  laid 
out  on  the  claim  before  patent  can  be  applied  for.  The  rules  and  regulations  and  methods 
of  procedure  are  fully  set  forth  and  explained  in  Copp's  American  Mining  Code. 

Mining  locations  defeat  all  railroad  and  state  selections,  if  the  mines  and  minerals  were 
discovered  and  known  to  exist  or  were  located  prior  to  the  time  the  railroad  and  state  claims 
took  effect.  Private  land  claims  derived  from  foreign  governments  alone  can  defeat  mining 
locations. 

Homestead,  pre-emption  and  timber- culture  entries  cannot  embrace  known  mineral  lands, 
unless  it  be  first  shown  that  the  lands  sought  to  be  entered  are  more  valuable  for  agricultural 
Durposes  than  for  the  minerals  they  contam. 

VII.   Coal  Lands. 

The  act  of  Congress  approved  March  3,  1873,  entitled  "An  act  to  provide  for  the  sale  of  the 
lands  of  the  United  States  containing  coal,"  is  as  follows:  [Section  2347  to  2353  R.  S.]' 

Be  it  enacted^  etc.^  That  any  person  above  the  age  of  twenty -one  years  who  is  a  citizen  of  the 
United  States,  or  who  has  declared  his  intention  to  become  such,  or  any  association  of  persons 
severally  qualified  as  above,  shall,  upon  application  to  the  Register  of  the  proper  land  office, 
have  the  right  to  enter,  by  legal  subdivisions,  any  quantity  of  vacant  coal  lands  of  the  United 
States  not  otherwise  appropriated  or  reserved  by  competent  authority,  not  exceeding  one 
hundred  and  sixty  acres  to  such  individual  person,  or  three  hundred  and  twenty  acres  to  such 
association,  upon  payment  to  the  Receiver  of  not  less  than  ten  dollars  per  acre  for  such  lands, 
where  the  same  shall  be  situated  more  than  fifteen  miles  from  any  completed  raihoad,  and  not 
less  than  twenty  dollars  per  acre  for  such  lands  as  shall  be  within  fifteen  miles  of  such  road. 

Section  2.  That  any  person  or  association  of  persons  severally  qualified  as  above,  who 
have  opened  and  improved,  or  shall  hereafter  open  and  improve,  any  coal  mine  or  mines 
upon  the  public  lands,  and  shall  be  in  actual  possession  of  the  same,  shall  be  entitled  to  a 
preference  right  of  entry,  under  the  foregoing  provisions,  of  the  mines  so  opened  and 
improved:  Provided^  That  when  any  association  of  not  less  than  four  persons,  severally 
qualified  as  in  section  one  of  this  act,  shall  have  expended  not  less  than  five  thousand  dollars 
in  working  and  improving  any  such  mine  or  mines,  such  association  may  enter  not  exceeding 
six  hundred  and  forty  acres,  including  such  mining  improvements. 

Section  3.  That  all  claims  under  section  two  of  this  act  must  be  j)resented  to  the  Register 
of  the  proper  land  district  within  sixty  days  after  the  date  of  actual  possession  and  the  com- 
mencement of  improvements  on  the  land  by  the  filing  of  a  declaratory  statement  therefor : 
Prwided,  That  when  the  township  plat  is  not  on  file  at  the  date  of  such  improvement,  filing 
must  be  made  within  sixty  days  from  the  receipt  of  such  plat  at  the  district  office :  And  pro- 
vided further^  That  where  the  improvements  shall  have  been  made  prior  to  the  expiration  of 
three  months  from  the  passage  of  this  act,  sixty  days  from  the  expiration  of  said  three  months 

(»)  See  note  (*)  on  first  page  of  Title  III.  which  should  include  Alabama. 


THE  AMERICAN   SETTLER'S  GUIDE. 


108 


•I 


shall  be  allowed  for  the  filing  of  a  declaratory  statement,  and  no  sales  under  the  provisions  ol 
this  act  shall  be  allowed  until  the  expiration  of  six  months  from  the  date  hereof. 

Section  4.  That  this  act  shall  be  held  to  authorize  only  one  entry  by  the  same  person  01 
association  of  persons  under  its  provisions ;  and  no  association  of  persons,  any  member  of 
which  shall  have  taken  the  benefit  of  this  act  either  as  an  individual  or  as  a  member  of  any 
other  association,  shall  enter  or  hold  any  other  lands  under  the  provisions  of  this  act ;  and  no 
member  of  any  association  which  shall  have  taken  the  benefit  of  this  act  shall  enter  or  hold 
any  other  lands  under  its  provisions ;  and  all  persons  claiming  under  section  two  hereof  shah 
be  required  to  prove  their  respective  rights  and  pay  for  the  lands  filed  upon  within  one  year 
from  the  time  prescribed  for  filing  their  respective  claims ;  and  upon  failure  to  file  the  proper 
notice,  or  to  pay  for  the  land  within  the  required  period,  the  same  shall  be  subject  to  entry  by 
any  other  qualified  applicant. 

Section  5.  That  in  case  of  conflicting  claims  upon  lands  where  the  improvements  shall  be 
hereafter  commenced,  priority  of  possession  and  improvement,  followed  by  proper  filing  and 
continued  good  faith,  shall  determine  the  preference  right  to  purchase;  and  also  where 
improvements  have  already  been  made  at  the  date  of  the  passage  of  this  act,  division  of  the 
land  claimed  may  be  made  by  legal  subdivisions,  to  include,  as  near  as  may  be,  the  valuable 
improvements  of  the  respective  parties ;  and  the  Commissioner  of  the  General  Land  Office 
shall  be,  and  is  hereby,  authorized  to  issue  all  needful  rules  and  regulations  for  carrying  into 
effect  the  provisions  of  this  act. 

Section  6.  That  nothing  in  this  act  shall  be  construed  to  destroy  or  impair  any  rights 
which  may  have  attached  prior  to  its  passage,  or  to  authorize  the  sale  of  lands  valuable  for 
mines  of  gold,  silver,  or  copper. 

The  sale  of  coal  lands  is  provided  for — 

1.  By  ordinary  private  entry  under  section  i. 

2.  By  granting  a  preference  right  of  purchase  based  on  priority  of  possession  and  improve- 
ment under  section  2. 

The  land  entered  under  either  section  must  be  by  legal  subdivisions,  as  made  by  the  regular 
United  States  survey.  Entry  is  confined  to  surveyed  lands ;  to  such  as  are  vacant,  not  other- 
wise appropriated,  reserved  by  competent  authority,  or  containing  valuable  minerals  other 
than  coal. 

Individuals  and  associations  may  purchase.  If  an  individual,  he  must  be  twenty-one  years 
of  age  and  a  citizen  of  the  United  States,  or  have  declared  his  intention  to  become  such 

citizen. 

If  an  association  of  persons,  each  must  be  qualified  as  above. 

A  person  is  not  disqualified  by  the  ownership  of  any  quantity  of  other  land,  nor  by  having 
removed  from  his  own  land  in  the  same  State  or  Territory. 

Any  individual  may  enter  by  legal  subdivisions  as  aforesaid  any  area  not  exceeding  on« 
hundred  and  sixty  acres. 

Any  association  may  enter  not  to  exceed  three  hundred  and  twenty  acres. 

Any  association  of  not  less  than  four  persons,  duly  qualified,  who  shall  have  expended  not 
less  than  $5,000  in  working  and  improving  any  coal  mine  or  mines,  may  enter  under  section 
2  not  exceeding  six  hundred  and  forty  acres,  including  such  mining  improvements. 

The  price  per  acre  is  |io  where  the  land  is  situated  more  than  fifteen  miles  from  any  com- 
oleted  railroad,  and  $20  per  acre  where  the  land  is  within  fifteen  miles  of  such  road. 

Where  the  land  lies  partly  within  fifteen  miles  of  such  road  and  in  part  outside  such  limit, 
ihe  maximum  price  must  be  paid  for  all  legal  subdivisions  the  greater  part  of  which  lies 
within  fifteen  miles  of  such  road. 

The  term  «* completed  railroad"  is  held  to  mean  one  which  is  actually  constructed  on  the 
ace  of  the  earth ;  and  lands  within  fifteen  miles  of  any  point  of  a  railroad  so  constructed 
vill  be  held  and  disposed  of  at  |20   per  acre,  if  constructed  at  date  of  payment. 

Any  duly  qualified  person  or  association  must  be  preferred  as  purchasers  of  those  public 
lands  on  which  they  have  opened  and  improved,  or  shall  open  and  improve,  any  coal  mine  01 
«nm^  «n<1  which  th'»v  shall  have  in  actual  possession. 


li  ' 


r 


104 


THE  AMERICAN  SETTLER'S  GUIDE. 


Possession  by  agent  is  recognized  as  the  possession  of  the  principal.     The  clearest  proof  on 
the  point  of  agency  must,  however,  be  required  in  every  case,  and  a  dearly-defined  posses 
sion  most  be  established. 

The  opening  and  improving  of  a  coal-mine,  in  order  to  confer  a  preference  right  of  pur 
chase,  most  not  be  considered  as  a  mere  matter  of  form ;  the  labor  expended  and  improve- 
ments made  must  be  such  as  to  clearly  indicate  the  good  faith  of  the  claimant. 

These  lands  are  intended  to  be  sold,  where  there  are  adverse  claimants  therefor,  to  the 
party  who,  by  substantial  improvements,  actual  possession,  and  a  reasonable  industry,  shows 
an  intention  to  continue  his  development  of  the  mines  in  preference  to  those  who  would 
purchase  for  speculative  purposes  only. 

In  conflicting  claims,  where  improvement  has  been  made/rwv-  to  March  3,  1873,  »f  c»ch 
party  make  subsequent  compliance  with  the  law.  the  land  will  be  awarded  by  legal  suMivi- 
fionsy  so  as  to  secure  to  each  as  far  as  possible  his  valuable  improvemente;  there  beingno  pro- 
vision in  the  act  allowing  a  joint  entry  by  parties  claiming  separate  porUons  of  the  same 
legal  subdivision. 

In  conflicts,  when  improvements,  etc.,  have  been  commenced  subsequent  to  March  3, 1873, 
or  shaU  be  hereafter  commenced,  priority  of  possession  and  improvement  shall  govern  the 
award  when  the  law  has  been  fully  complied  with  by  each  party.  A  mere  possession,  how- 
ever,  without  satisfactory  improvements,  will  not  secure  the  tract  to  the  first  occupant  when  a 
subsequent  claimant  shows  his  full  compliance  with  the  law. 

After  an  entry  has  been  allowed  to  one  party,  no  investigation  will  be  had  concerning  it  at 
the  instance  of  any  person,  except  on  instructions  from  the  General  Land  Office.  All  affi- 
davits  will  be  received  concerning  such  case,  and  forwarded  to  the  General  Land  Ofiice,  ac- 
companied by  a  statement  of  the  facts  as  shown  by  the  records. 

Prior  to  entry,  it  is  competent  for  the  local  officers  to  order  an  investigation,  on  sufficient 
grounds,  set  forth  under  oath  of  a  party  in  interest  and  substantiated  by  the  afiidaviu  of  disin 
terested  and  credible  witnesses. 

Notice  of  contest,  in  every  case  where  the  same  is  practicable,  must  be  made  by  reading  it 
to  the  party  to  be  cited,  and  by  leaving  a  copy  with  him.  This  notice  must  proceed  from  the 
local  office,  and  be  signed  by  the  Register  or  Receiver.  Where  such  personal  service  cannot 
be  made  by  reason  of  the  absence  of  the  party,  and  because  his  whereabouts  are  unknown,  a 
copy  may  be  left  at  his  residence,  or,  if  this  is  unknown,  by  posting  a  copy  in  a  conspicuous 
place  on  the  tract  in  controversy,  and  by  publication  in  a  weekly  newspaper  having  the  largest 
general  circulation  in  the  vicinity  of  the  land  (where  no  newspaper  shall  be  specified  by  the 
General  Land  Office)  for  five  consecutive  insertions,  covering  a  period  of  four  weeks  next  prior 
to  the  trial. 

Manner  of  obtaining  title:  First  by  private  entry.  The  party  wUl  present  the  following 
application  to  the  Register,  and  will  make  oath  to  the  same  : 


I. 


'^x^^L^'&'^Pi^.  ?T!:.PJ.°^i'i°^  °A^.«.*«  *PP«>T?^  March  5.  .873,  entitled  "  A-  lu*  to 


provide  for  the  sale  of  the  lands  of  the  United  States  containrng'coiT/' to'purchjSTe —:— quarter  of  section 

'le  district  of  lanck  subject  to  sale  at  the  lane 

party,  that  I  am  twenty-one  years  of  age,  a  citi  _         

5?.'??..*,'=''^«"  of  the  United  butcs),  and  have  neVer  held  nor  pnrehaseY lands'  un'dVrTa'id  kVt.  cruTerw  m  ^ 


—  —  — -™>  ,,.  „.^  .«..U3  ui  iiic  wiuicu  oiaics  containing  coal,     to  purchase  ■         -  quarter  of 
,  in  township- of  range in  the  district  of  lands  subject  to  sale  at  the  land  office  at 


and  containing 


jV  ~; \ '°  ^^  aistnct  01  lands  subject  to  sale  at  the  land  office  at 

acres  ;  and  I  solemnly  swear  that  no  portion  of  said  tract  is  in  the  possession  of  any  other' 
tv-one  vears  of  ,.r^   a  citizen  of  the  United  States  (or  have  declared  my  intention  to  be- 


j;  'j..^!  „  , r — — —• ^»  ~*"  •"»•»-•■»;»«  uciu  uur  piirenasca  lanas  unaer  said  act.  eitner  as  an  in« 

dividual  or  as  a  member  of  an  association  ;  and  I  do  further  swear  that  I  am  well  acquainted  with  the  cha"ct« 
t^V^^?""^t^^'f'^  with  each  and  every  leg^  subdivision  thereof,  having  frequently  pawed  o^e^Ae 
Sft  tkir^-  ""y.^^^^l^tg^  ^\  «»'d  land  is  such  as  to  enable  me  to  testify  understandingly  wit?.  WSS  th^ 
b^rin.  cJh  X  '°  "^^  knowledge  within  the  1  mits  thereof  any  vein  or  lode  of  quartJ*  or  other  Sck  in^uSi 
bearing  gold,  silver,  or  copper,  and  that  there  is  not  within  the  limiu  of  said  Und,  to  my  knowledge  any  vSu- 
able  mineral  deposit  other  than  coal.     So  help  me  God.  -."uwicu^sc,  any  vaiu- 

To  this  affidavit  the  Register  will  append  the  usual  jurat.  ' 

Thereupon  the  Register,  if  the  tract  is  vacant,  will  so  certify  to  the  Receiver,  staUng  the 
price,  and  the  applicant  must  then  pay  the  amount  of  purchase  money. 

The  Receiver  will  then  issue  to  the  purchaser  a  duplicate  receipt,  and  at  the  close  of  th 
month  the  Register  and  Receiver  will  make  returns  of  the  sale  to  the  General  Land  Office 
from  whence,  when  the  proceedings  are  found  regular,  a  patent  or  complete  title  will  be  i»l 
sued;  and  on  surrender  of  the  duplicate  receipt  such  patent  will  be  delivered,  at  the  opdoo 


THE  AMERICAN  SETTLER'S  GUIDE. 


105 


of  the  patentee,  either  by  the  Commissioner  at  Washington,  or  by  the  Register  at  the  district 
land  office. 

This  disposition  at  private  entry  will  be  subject  to  any  valid  prior  adverse  right  which  may 
have  attached  to  the  same  land,  and  which  is  protected  by  Section  1. 

Second.  When  the  application  to  purchase  is  br.sed  on  a  priority  of  possession,  etc.,  as 
provided  for  in  Section  2,  the  claimant  must,  when  the  township  plat  is  on  file  in  the  district 
office,  file  his  declaratory  statement  for  the  tract  claimed  sixty  days  from  and  after  the  first 
day  of  his  actual  possession  and  improvement  Sixty  days,  exclusive  of  the  first  day  of  pos- 
session, etc.,  must  be  allowed. 

The  declaratory  statement  must  be  substantially  as  follows : 

.,  being yean  of  age,  and  a  citircn  of  the  United  Sutes  (or  having  declared  my  inten- 


tion  to  become  a  dtixen  of  the  ifnited  Sutes),  and  never  having,  cither  as  an  individual  or  as  a  member  of  an 
association,*held  or  purchased  any  coal  lands  under  the  act  approved  March  3,  iSya.entiUed  "An  act  to  provide 
for  the  sale  of  the  land  of  the  United  States  containing  coal,"  do  hereby  declare  my  intention  to  purchase,  under 

the  provisions  of  said  act,  the  ■  quarter  of  section .  in  township of  range ,  of  lands 

subject  to  sale  at  the  district  land  office  at ,  and  that  I  came  into  possession  of  said  tract  on  the  — — - 

day  of A.  D.  18—,  and  have  ever  since  remained  in  actual  possession  continiK)Usly,  and  have  expended 

in  labor  and  improvements  on  said  mine  the  sum  of dollars,  the  labor  and  improvements  being  as  fol- 
lows :  (here  describe  the  nature  and  character  of  the  improvemcntt ;)  and  I  do  furthermore  solemnly  swear  that 
I  am  wcU  acquainted  with  the  character  of  said  described  land,  and  with  each  and  every  legal  subdivision 
thereof,  baring  frequently  pused  over  the  same ;  that  ray  knowledge  of  said  land  is  such  as  to  enable  me  to 
testify  understandingly  with  regard  thereto  ;  that  there  is  not,  to  my  knowledge,  within  the  limits  therM>f,any 
vein  or  lode  of  quarts  or  other  rock  in  place  bearing  gold,  silver,  or  copper,  and  that  there  is  not  within  the 
lia&itt  of  said  land,  to  my  knowledge,  any  valuable  mineral  deposit  other  than  coal. 

When  the  township  plat  is  not  on  file  at  date  of  claimant's  first  possession,  the  declaratory 
sUtement  must  be  filed  within  sixty  days  from  the  filing  of  such  plat  in  the  district  office. 

One  year  from  and  after  the  expiration  of  the  period  allowed  for  filing  the  declaratory  state- 
ment is  given  within  which  to  make  proof  and  payment,  but  no  party  will  be  allowed  to  makr 
final  proof  and  payment,  except  on  notice  as  aforesaid  to  all  others  who  appear  on  the 
records  as  claimants  to  the  same  tracts. 

A  party  who  otherwise  complies  with  the  law  may  enter  after  the  expiration  of  said  year 
prwided  no  valid  adverse  right  shall  have  intervened.     He  postpones  his  entry  beyond  said 
year  at  his  own  risk,  and  the  Government  cannot  thereafter  protect  him  against  another  who 
complies  with  the  law,  and  the  value  of  his  improvements  can  have  no  weight  in  his  favor. 

One  person  can  have  the  benefit  of  one  entry  or  filing  only.  He  is  disqualified  by  having 
made  such  entry  or  filing  alone,  or  as  a  member  of  an  association.  No  entry  can  be  allowed 
an  association  which  has  in  it  a  single  person  thus  disqualified,  as  the  law  {Mrohibits  the  entry 
or  holding  of  more  than  one  claim  either  by  an  individual  or  an  association.'  No  entry  is 
allowed,  under  this  act,  of  lands  containing  other  valuable  minerals.  The  character  of  the 
land  will  be  determined  under  the  present  rules  relative  to  agricultural  and  mineral  lands. 
Those  that  are  sufficiently  valuable  for  other  minerals  to  prevent  their  entry  as  agricultural 
lands  cannot  be  entered  under  this  act. 

Assignments  of  the  right  to  purchase  under  this  act  will  be  recognized  when  properly 
executed.  Proof  and  payment  must  be  made,  however,  within  the  prescribed  period,  which 
dates  from  the  first  day  of  the  possession  of  the  assignor  who  initiated  the  claim. 

The  affidavit  required  from  each  claimant  at  the  time  of  actual  purchase  will  be  as  follows : 

\^   -  ,  claiming  the  right  of  purchase  under  the  act  of  Congress  entitled  "An  act  to  provide  for  the 

sale'  of  the  lands  of  the  United  States  containing  coal,"  approved  March  3,  1873,  to  the quarter  of  section 

,  in  township ,  of  range ,  subject  to  sale  at ,  do  solemnly  swear  that  I  have  never  had 

the  right  of  purchase  under  this  act^ither  as  an  individual  or  as  a  member  of  an  association,  and  that  I  have 
never  held  any  other  lands  under  its  provisions  ;  I  further  swear  that  I  have  expended  in  developing  coal  mines 

on  said  tract  in  labor  and  improvements  the  sum  of dollars,  the  nature  of  such  improvements  being  as 

follows :  ,        ,        ;  that  I  am  now  in  the  actual  possession  of  said  mines,  and  make  the  entry  for  my 

own  use  and  benefit,  and  not  directly  or  indirectlv  for  the  use  and  benefit  of  any  other  party  :  and  I  do  further- 
more swear  that  I  am  well  acquainted  with  the  character  of  said  described  land,  and  with  each  and  every  legal 
subdivision  thereof,  having  frequently  passed  over  the  same ;  that  my  knowledge,  of  said  land  is  such  as  to 
enable  me  to  testify  undersundingly  with  regard  thereto ;  that  there  is  not,  to  my  knowledge,  within  the  limits 
thereof,  any  vein  or  lode  of  quartz  or  other  rock  in  place  bearing  gold,  silver,  or  copper,  and  that  there  »*»">* 
within  the  limiu  of  said  land,  to  my  knowledge,  any  valuable  mineral  deposit  other  than  coal :  So  help 
me  Cod. 

I, ■,  of  the  land  office  at 

•cril>ed  to  before  me  this day  ol  - 


-.  do  hereby  certify  that  the  above  affidavit  was  sworn  and  sui>- 
A.  D.,  18—. 


I! 


ii 


II'  ■ 


■W: 


iw. 


7^i' 


it  ^ 


hx\ 


THE  AxMERICAN  SETTLER'S  GUIDE. 


In  case  the  purchaser  shows  by  an  affidavU  that  he  is  not  pereonaUy  acquainted  with  the 
character  of  the  land,  his  duly  authorized  agent  who  possesses  such  knowledge  may  make  the 
Inquired  affidavrt  as  to  its  character;  but  whether  this  affidavit  is  made  by  principal  or  agent 
II  musf  be  corroborated  by  the  affidavits  of  two  disinterested  and  credible  witnesses  having 
knowledge  of  its  character.     Circular  of  July  31,  1882,  may  be  obtained  of  the  Register. 

VIII.   Stone  and  Timber  Lands. 

Surveyed  lands  in  Califoraia,  Oregon,  Nevada,  and  in  Washington  Territory  not  yet  pro- 
claimed and  offered  at  public  sale,  valuable  chiefly  for  Umber  and  stone,  unHt  for  cultivation, 
and  consequently  unfit  for  disposal  under  the  pre-emption  and  homestead  laws,  may  be  pur- 
chased by  individuals  and  by  associations  at  the  minimum  price  of  ^2.50  per  acre. 

When  a  party  applies  to  purchase  a  tract  of  this  character,  the  Register  and  Receiver  will 
require  him  to  make  affidavit  that  he  is  a  citizen  of  the  United  States  by  birth  or  natuealiza- 
tion,  or  that  he  has  declared  his  intention  to  become  a  citizen  under  the  naturalization  laws. 
If  native  bom,  parol  evidence  of  that  fact  will  be  received.  If  not  native  bom,  record  evi- 
dence  of  the  prescribed  qualifications  must  be  fumished.  In  connection  therewith,  he  will  be 
required  to  make  a  sworn  statement  in  duplicate,  according  to  the  attached  form ; 


I, 


Land  Ofpicb  at 
(Date) 


lun'e  :.   il^rT^i^^.rr:  Tt^^^\Z »,<*"?".n«^»o  "▼ajl  myself  of  the  provisioas  of  the  act  of  Confess  of 

gold,  silver,  cinnabar,  copper,  or  coal ;  that  I  Lve  made  no  other  application  undtr  slid  ^r^aTl  do^J^nntv 
^n^Wfif  '^^J'^k'^  ^^vT"  described  on  speculation,  but  in  good  fahh  to  appropriLrit  to  nly  o^  excEve  Sli 
^th^n^  .  •  ^**  '^'  ^  ^^  [!°''  directly  or  indirectly,  made  any  agreement  or^ontrac  Jn  Ly^ay  or  mann^ 
^Inttrf  It^r«°,L°JfJ^°-'  *'tT»*«y".  by  which  the  title  whichl  may  acquire  from  'the  GovTSnenTof  the 
/nited  bUtes  may  inure  in  whole  or  in  part  to  the  benefit  of  any  person  except  myself. 

Sworn  to  and  subscribed  before  me  this day  of ,  ig— . 


If  any  person  taking  this  oath  swears  falsely  in  the  premises,  he  will  be  subject  to  all  the 
pains  and  penalties  of  perjury,  and  forfeit  the  money  which  he  may  have  paid  for  the  lands, 
and  all  right  and  title  to  the  same;  and  any  grant  or  conveyance  which  he  may  have  made! 
except  in  the  hands  of  bona-fide  purchasers,  will  be  null  and  void. 

Upon  the  filing  of  the  above  statement,  the  Register  of  the  land  office  will  post  a  notice  of 
such  applicatwn,  embracing  a  description  of  the  land  by  legal  subdivbions,  in  his  office,  for  a 
period  of  sixty  days,  and  furnish  the  applicant  a  copy  of  the  same  for  publication,  at  the  ex- 
pense of  the  applicant,  in  a  newspaper  published  nearest  the  location  of  the  premises,  for  a 
like  period  of  time ;  and  after  the  expiration  of  the  sixty  days,  if  no  adverse  claim  shall  have 
been  filed,  the  person  desiring  to  purchase  must  fumish  to  the  Register  of  the  land  office  sat- 
isfactory  evidence  tiiat  the  notice  of  the  application  prepared  by  the  Register  was  duly  pub- 
lished in  a  newspaper  as  required. 

This  evidence  must  consist  of  the  affidavit  of  the  publisher  or  other  person  having  charge 
of  the  newspaper  in  which  the  notice  is  published,  with  a  copy  of  the  notice  attached  thereto, 
setting  forth  the  nature  of  his  connection  with  the  paper,  and  that  the  notice  was  duly  pub-* 
lished  for  the  prescribed  period.  The  evidence  required  with  regard  to  the  non-mineral 
character  of  the  land,  and  its  unoccupied  and  unimproved  condition,  must  consist  of  the 
testimony  of  at  least  two  disinterested  witnesses,  to  the  effect  that  they  know  the  facts  to  which 
they  testify  from  personal  inspection  of  the  land  and  of  each  of  its  smallest  legal  subdivisions 
as  per  form  attached : 


TESTIMONY   OP  WITNESS. 
-,  being  called  as  a  witness  in  support  of  the  application  of 


ection ^township ,  of  range ,  tesdfi«  as  follows . 

Vues.  z.  What  u  your  post-office  address,  and  where  do  you  reside? 

Ones.  9.  What  is  your  occupation  ? 


to  purdiate  tb«  — —  «| 


THE  AMERICAN   SETTLER'S  GUIDE. 


107 


Q«e..  3.  Ar«  you  acquainted  with  the  land  above  described  by  peisonal  inspection  of  each  of  its  smaUest 
legal  subiaivisions  ? 
Ques.  4.  When  and  in  what  manner  was  such  inspection  nude  T 

Qul;.T^it  occupied :  or  are  there  any  improvements  on  it  not  made  for  ditch  or  canal  purposes,  or  whicn 
▼ere  net  made  by,  or  do  not  belong  to,  the  said  applicant? 

Ans. . 

Ques.  6.  Is  it  fit  fiir  cultivation  ? 

Ans.  ■.  ....•• 

Ques.  7.  What  causes  render  it  unfit  for  cidtivation? 

O^.TX;  there  any  salines,  or  indications  of  deposits  of  gold,  silver,  cinnabar,  copper,  or  coal  on  this 
land?    If  so,  state  what  they  are,  and  whether  the  springs  or  mineral  deposits  are  valuable. 

Q^.TlTthe  land  more  valuable  for  mineral  or  any  other  purposes  than  for  the  timber  or  stone  tiiereon.  or 
is  it  chiefly  valuable  for  umber  or  stone  ? 
Q^.  10.  From  what  facu  do  you  conclude  that  the  land  is  chiefly  valuable  for  timber  or  stone  ? 

(C;.  1,.  Do  you  know  whether  the  applicant  has  directiy  or  indirectly  made  any  ag^ement  or  contract^l 
any  way  or  manner,  with  any  person  whomsoever,  by  which  the  tttle  which  he  may  acquire  from  the  Govern- 
ment  of  tixe  United  Sutes  may  inure,  in  whole  or  in  part,  to  the  benefit  of  any  person  except  himself? 

qCm.  la.  Are  you  in  any  way  interested  in  this  application,  or  in  the  lands  above  described,  or  the  timber  or 
stone,  salines,  mines,  or  improvemenu  of  any  description  whatever  thereon? 
Ans.  .  _^_^_ 

I  MKaaST  cBKTii'V  that  witness  is  a  person  of  respectability ;  that  each  question  and  answer  in  the  foreeoine 

testimonywM  read  to before  -—  signed name  thereto,  and  that  the  same  was  subscribed  and 

sworn  to  before  me  this  ■  day  of——,  18^.  

This  testimony  may  be  taken  before  the  Register  or  Receiver,  or  any  officer  using  an  official 
seal  and  authorized  to  administer  oaths  in  the  land  district  in  which  the  land  lies.  Upon 
such  proof  being  produced,  if  no  adverse  claim  shall  have  been  filed,  the  entry  applied  for 

may  be  allowed. 

The  Receiver  will  issue  his  receipt  for  the  purchase  money  in  the  usual  form. 

The  Register  and  Receiver  are  entitled  to  a  fee  of  five  dollars  each  for  aUowing  an  entry 
Bndcr  said  act,  and  jointly  at  the  rate  of  twenty-two  cents  and  a  half  per  hundred  words  for 
testimony  reduced  by  them  to  writing  for  claimants. 

If,  at  the  expiration  of  the  sixty  days  notice,  an  adverse  claim  should  be  found  to  exiss 
calling  for  an  investigation,  the  Register  and  Receiver  will  allow  tiie  parties  a  hearing  accord- 
ing to  the  rules  of  practice. 

In  case  of  an  association  of  persons  making  application  for  such  an  entry,  each  of  the 
persons  must  prove  the  requisite  qualifications,  and  their  names  must  appear  in  and  be  sub- 
scribed to  the  sworn  statement,  as  in  case  of  an  individual  person.     They  must  also  unite  m 
tiie  regular  application  for  entry,  which  will  be  made  in  their  joint  names  as  in  other  cases  of 
joint  cash  entry.  ^ 

IX.    Saline  Lands. 

Lands  that  are  saline  in  character  within  the  pablic  land  States,  except  the  States  of  Missis- 
iippi,  Louisiana.  Florida,  California,  and  Nevada,  none  of  which  have  had  a  grant  of  saline 
by  act  of  Congress,  and  exclusive  also  of  the  Territories,  are  subject  to  sale  at  auction  or 

private  entry.  •  u    i. 

Should  prima  facie  evidence  that  certain  tracts  are  saline  in  character  be  filed  with  the 
Register  and  Receiver  of  the  proper  land  district,  they  will  designate  a  time  for  a  hearing  at 
their  office,  and  give  notice  to  all  parties  in  interest  in  order  that  they  may  have  ample  oppor- 
tunity to  be  present  with  their  witnesses. 

At  the  hearing  the  witnesses  will  be  thoroughly  examined  with  regard  to  the  true  character 
of  the  land,  and  whether  the  same  contains  any  known  mines  of  gold,  silver,  cinnabar,  lead, 
in,  copper,  or  other  valuable  mineral  deposits  or  any  deposits  of  coal. 

The  witnesses  shall  also  be  examined  in  regard  to  the  extent  of  the  saline  deposits  upon 
the  given  tracts,  and  whether  the  same  are  claimed  by  any  person  ;  if  so,  the  names  ot  the 
claimants,  and  the  extent  of  their  improvements,  must  be  shown. 


m 


If  ^ 


108 


THE  AMERICAN  SETTLER'S  GUIDE.  * 


^any  have  been  ra«d  hereon,  «,d  the  value  thereof.  The  testimony  shonid  be  a.  faU  Td 
complete  as  po»ibIe,  «.d,  in  «idition  to  the  leading  points  indicated  above  evemh^^f 
■mpo^^nce  bearing  upon  the  question  of  the  chan^t^^  u.o  Und  sLT:! ZTJ^ ^ 

o<^«  r™7"'  I"  'f'"^t'"""  '"^'  *'  ''•^'"  --»  R««'v"  -»  be  instructed  to 
offer  the  «me  for  sale,  after  public  notice,  u  the  local  land  office  of  the  district  in^d.  tht 

-ther  public  lands  are  sold,  and  already  indicated  Z'^^-^^;:i  "  "^  ""*  ""^  " 

X.  JPesert  Lands. 
Any  p«ty  who  wishes  to  make  entry  of  desert  lands  can  do  so  only  in  the  States  of  Cali 
^m.a  Oregon,  and  Nevada,  and  th.  Territories  of  Washington    I^    Monl~    t^^' 

office  for  the  district  wherein  the  land  is  situated,  the  following 


^;' 


Na 
I 


DECLARATION. 


Lakd  Ofvicx  at 

{Date) 


Unft«l  States,  of  ^^^^i^or^^'a^Ta  «1^ie%i"l^o;^^^^^^  ^ d  IT"^"'  »i>'Sl'i^7;;;i;;;„'tnhc 

tend  to  reclaim  a  tract  of  desert  land,  not  exceed ine  one  SLkIT":**"'^  ^^  occupation  a ;  that  I  in- 

three  vea«  from  date,  under  the  prov  sions  ofthe  alt  of  ConS  ^U^'^^'k^  u***"  "P<>»  »»»«  «»«.  withSi 
Eh  ^°'  "^^  '***  °f  **«^^  '^ds  in  certain  State?  is  Te?ri^ri<^*iP"'Ttf.  ^i*"='*  \  '877.  entitled  "An  Ac^ 
claim  does  not  exceed  one  section,  and  is  situated  in  _  coTmv  ?n  th*  d««rt  Vd  which  I  intend  to  r^ 

foUows.  to  wit :  the of  section  No. .  townsWo  No        ^^a  ?_    T^ '*"**  **"'"'=*'  *°^  «  described  as 

teL'>'?>  ^''^  "?^.^«  "°  ^'f'"  decUration  fo^dSirt  landl^dS^f e  ^rovIT"'  ""'^  '^"«  "T  •«««■  I  further 
described  will  not.  without  inngation.  produce  an  aiStu^^  ihc  land  above 

that  there  ,s  not.  to  my  knowledge,  wl&in  the  i^^^^^^^nyl^^al  l^rj"  "°  '""^'  «:°*''"«  "P*^"  "'d  land ; 
mg^old.  silver,  cinnabar,  lead,  tiA.  or  copper,  or  any  dcposU  ofToa?  t^fr  rV,'*'^- '* '''  '^'H'  "^  '»  *>'*<*.  »>«»^' 
W.  to  mv  knowledge,  any  piace^.  cement  i^vcl  or  Serv/l.?.Ki-  1-^  '^*!;"=  '*  °.°^  *'**»'"  ^^^  Jin^its  of  said 
tion  of  saia  land  is  claimed  for  minne  SoSunH/r^^^^^^^  '""**'''^  ***P*»»''  «'  "Imes  ;  that  no  not 

no  oortion  of  said  land  is  worked  ?i;^mfneS?unnJ^iv  1^^  S.Tv""  °k  ™'"  "^  "»'"'="  ">'  otherwis^  S^ 
lanS  IS  essentially  non-mineral  land;  that  I  b<Sme^^L&  w^ S>/k"'' P""°"  °[  P*"^"*  =  »»»*»  "^ 
therefor  is  not  made  for  the  purpose  of  fraudendv  obSnfnf  titirV?  ^-  ^""A  ^^."-TK  and  that  my  declaration 
and.  but  for  the  purpose  of  faiSfuUy  redalmTng^ wS  th^ree  vea«  S^m ?K  '^"*^'  t"^^  l*"^'  ^^  Vicultural 
thereon,  a  tract  of  land  which  is  desert  land  witfc^Sl  m«^?ngTf"h~a"t  '^^  ^  «»~*"<=»i°«  '^^^r 


Land  Officb  at 

I  hereby  certify  that  the  foregoing  declaraUoa  was  this  day  sworn  to  and  .ub«:ribcd  ^:i^, '  '"^ 

,  Rtgitter. 

•nus  declaration  may  be  executed  before  the  derlc^f  any  court  of  r'^rTUvCtl^l 
If  the  applicant  is  not  a  citizen,  but  has  declared  his  uTemion  to  become  such  a  du^cer^Sd 
co«.  Of  his  declaration  of  intention  to  become  a  citizen  must  be  pre^med  and  fifed' 

The  dedaranon  must  also  contain  a  description  of  the  land  applied  for  bv  leeal  subdi 
«sions  If  surveyed,  or.  if  unsurveyed.  as  nearly  as  possible  withoufa  survey,  by  1^.^^^ 
as  much  clearness  and  precision  as  possible,  the  locality  of  the  tract  with  reference  70^1^ 
and  conspicuous  landmarks  or  the  established  lines  of  survey  so  as  to  adJ-^f  Lt! 
thereafter  readily  identified  when  the  lines  of  survey  come  to Z' emended  "' 

As  preliminaTT  to  the  filing  of  such  declaration,  it  must  be  satisfactorily  shown  that  the 
land  therein  described  «  desert  land  as  defined  in  the  second  section  of  the  L     To  this Ud 

wmtT    .  "' ''"""°  •"''"'"""■^  "■'  '''"""«  -"—"  ^  requ  red  whos?t^Lo„; 
11.^'  T.         '"  """"^  '"  *'  "'"^'  ■"'"""'  «  '"e  evidence  may  be  Turn  sh  d  i^^he 

'^::i^zTr^'  -'  '^'  "^""  -  rriHuiii^ofTe  r; 


THE   AMERICAN  SETTLER'S  GUIDE. 


109 


AFFIDAVIT. 


Land  Office  at 
{Dmie) 


No. .  ^ ^ 

I of county, .being  duly  sworn,  declare,  upon  oath    that  \"Zm  a''^»J"''  °X*fi^ 

*•  ^  anrf that  I  am  of  ih4  ace  of -  and  by  occupation  a :  that  I  am  well  acquainted  with  the 

T^c^ofZii  lid  ev.^  le^l  subdivision  of  uTe  fo^lowin^ described  land  :  the  —  section  No.  — ,  town- 

cnaracier  ot  eatn  *^i«        _L_  containing acres  •  that  I  became  acquainted  with  said  land  by  ——;  that  1 

w'L  b^nl^'i^iSSd^thVfir  —  y«n  last  p^t ;'  that  I  have  frequently  passed  over  it ;  that  my  knowledge 
Sf  Uid^d^Tuch  «  to  eiiible  me  to^'testify  unSerstandingly  concerning  it ;  that  th-  same  is  desen  -d  w.^^- 
S«  meaning  of  the  second  section  of  the  act  of  Congress  approved  March  3  1877.  «"ti"ed  ,^"  ^fL'i°,P[^' 
foft?rsale  of  desert  lands  in  ceruin  States  and  Territories  ;"  that  said  land  wil  not.  without  artificial  irriR^- 
t?on  orod^ce  wiy  agricultural  crop  ;  that  no  agricultural  crop  has  ever  been  raised  or  cultivated  on  said  land,  f^ 
A  ";^n  Aari?dS  not  contain  sufficient  moisture  for  successfu  cultivation  ;  hat  the  same  »s  «sent.a  y  d^r 
^iH^H  land  whoUv  unfit  for  cultivation  without  artificial  irrigation  ;  that  said  land  wnnot  be  successfully  cul- 
Silted  wUhout^claU^^^^^  water  thereon;  that^aid  land  has  hitherto  been  unappropriatc^.  un- 

Sc^Died   and  uwetUed,  becaOse  it  has  been  impossible  to  cultivate  ,t  successfully  on  account  of  its  dry  and 
rri??;:iitro2;"thatiti;a^gwe^^^^^^^^ 
of  SXf  "thaTt'he'^^s  ?o*  t'S  m^y  kno%td;rw'itSn\h^^^^^^  aSy  vei/or  lode  of  quartz,  or  other  rock 

3Sr;aid  land  ^STntially  non-mineral  land;  that  I  am  not  interested  in  any  wav  or  manner,  directly  or  indi- 
^irpnSnt  or  ^p^tU.  in  any  applicaUon  or  .declaration  made  or  to  be  macTe  for  said  laad.  or  in  the  land 
i^l^  or  in  the  tide  which  may  by  any  person  or  in  any  manner  be  acquired  thereto. ^ 

After  this  proof  has  been  made  to  the  satisfection  of  the  district  officers,  the  Receiver  will 
receive  from  the  applicant  the  sum  of  twenty-five  cents  per  acre  for  the  land  applied  for;  the 
Register  will  receive  and  file  his  declaration,  and  they  will  joinUy  issue,  in  duplicate,  a  cer- 

'tificatc  in  the  form  attached  : 

„                                                                                                                       Unitbd  States  Land  OffIcb, 
No. .  _,  ,8_. 

It  i«  herebv  certified  that  under  the  provisions  of  the  act  of  Congress  approved  March  3,  1877,.  entitled  "An 
«c!ti  provide  forthe  sale  of  desert  lands  in  cerUin  States  and  Territories.^'  __—  has  tkis  day  «ed  in 

r»fr.  n<^^  his  dilaration  of  intention  to  reclaim  the  following  described  tract  of  land,  viz. :  —;  that  he  has 

n^ve?S  oir  sSufSn^hat  the  said  tract  of  land  is  desert  land,  as  defined  in  the  second  section  of  said  act, 
JS  that  h^h^  paid  to"  the  Receiver  the  sum  of dollars,  being  at  the  rate  of  twenty-five  cents  per  acre 

*°lt*ir  '?he«fo?e^fuSJcr^rtified.  that  if  within  three  yea«  from  the  date  hereof  the  said- ^ .  his 

It  ts,  7"Y°1!,' !"""".^™  vjj  ^tisfaetorily  prove  that  the  said  land  has  been  reclaimed  by  carrying  water 
5::"on  afd  sSrpay  tnreleceireV'ie^^^^^^  sum  of  one  dollar  per  acre  for  the  land  above  descri^.  he 

OT  Aey  »haU  be  enrided  to  receive  a  patent  therefor  under  the  provisions  of  the  said  act^ ^  Register. 

■  — — ,  Receiver. 

NoTB.-The  word  "  heirs  "  is  substituted  in  this  form  for  the  word  "  assignee,"  the  Secretary  of  the  Interioi 
having  declined  to  recognize  the  assignment  of  desert  land  claims. 

One  of  these  duplicates  will  be  delivered  to  the  applicant;  the  other  wUl  be  retained  by  the 
Register  and  Receiver  with  the  declaration  and  proof. 

At  any  time  within  three  years  after  the  date  of  filing  the  declaration  and  the  issue  of  cer- 
tificate, provided  the  United  States  surveys  have  been  extended  over  the  land,  the  proper 
party  may  make  s;Jlisfactory  proof  of  having  conducted  water  upon  the  land  applied  for. 
This  proof  must  consist  of  the  testimony  of  at  least  two  disinterested  and  credible  witnesses, 
who  must  appear  in  person  before  the  Register  and  Receiver.  They  must  declare  that  they 
have  personal  knowledge  of  the  condition  of  the  land  applied  for,  and  of  the  facts  to  which 
they  testify ;  and  their  testimony  must  be  reduced  to  writing  in  the  usual  manner. 


DEPOSITION   OF  APPLICANT. 
I.  I.  Sute  your  name.  age.  occupation,  and  residence. 


\ 


Ques. 

fei.T^  yott  a  citizen  of  the  United  States  or.  if  not,  have  you  declared  your  intention  to  become  *uch  T 

(If  not  native  bom,  proof- record  must  be  furnished.) 

Q^-^Tlf  you  have  heretofore  made  a  desert  land  entry,  give  the  number  and  date  thereof,  and  describe  the 
land  embraced  therein. 

o!IL  4    Have  you  conducted  water  upon  the  land  embraced  in  said  entry,  and  irrigated  the  same,  and  re. 
claimed  it  from  its  former  desert  character,  to  such  an  extent  that  it  wiU  now  produce  an  agricultural  crop  T 

qI^.  5.  What  crops  have  you  raUed  upon  said  land  in  each  and  every  year  since  your  first  entry  thereon 
nnaer  your  declaration  No. 1 

Ou«  6    How  many  acres  have  been  sown  or  planted  in  each  year,  in  what  crops,  and  upon  what  portion  Oi 
kuMi vision  of  the  land,  and  what  amount  of  such  crops  has  been  actually  produced? 
Ans.  - 


It 


I 


■ 


hi 


110 


THE  AMERICAN  SETTLER'S  GUIDE. 


Ans.  . 

Ans.  * 


Ques 

portion 
Ans 


th?em;«°t;«?t'^.*»«^^""L°^***''*°7^*^"P*»"»^^  '*°<*  in  any  one  season  been  sufficient  to  to  irriMte 
An"!  **  ""**"  '^^  **"'  producrivc.  and.  if  so,  what  crop  or  crop,  would  such  ixrigaUon  p,Su«1 

gues.  11.  Has  the  whole  tract  been  irrigated  and  cultivated  by  you  in  any  one  season? 

Ans. . 

inSaUon^ihtrj^l'Aj'lL"^'"*  ""  "^'  '?''  Proprietorship  of  water  »„mcient  aiul  .niUble  to  continue  the 

fe  ti?^.St^Tof  ^'muTt'StSSiS  t"'""*'  *""  •"'  •""• "°"'  -^ '""  ■""  '«"<' ""  "-« ' 

Ans.  .  ' ' 

wfelJ;d'ST^y^"e*thelimTf**  ^""^  '°*^*  '°  "^'^  •"'^'  -«*  '"  ^»»*  '""^  «>^«<»  ^^^-^^y.  and  the  water 
Ans.  . 

rSr^r ',^t2?o^n''rl^fin„^"??'  '"^''Tidual.  or  company  of  individuaU.  any  interest  whatever  i.  .aid  entry. 


occupation  of  each  such  person,  and  the 


tract, 

nature,  amount,  and  extent  of  such  interest. 
Ans.      • 

^^uii^^^z'^i'j:,  SniSeSt."d"s7  °' "'  °*"  ""^'  °'  "*" '~  "^  '"'"«'•  -^  •"»• 

An».  — — . 

bJore'!!!!lsi^rd'^  ^^'^'n^r**?*'"  and  answer  in  the  forejroii.^  deposition  was  read  to  the  appUc^ 
day  of  lilZ,  J£!f ^"*  thereto,  and  that  the  same  was  sul.sciTbed  Vnd  sworn  to  before  me  thii 

,  Rtgisttr, 

' ,  Rec€iv€r. 

ij.?Sti^Tf"e'jt^^?Wm'^  the  deposition  i.  taken  shoold  call  the  attention  of  the  witnew  to  the  folio.. 

32.Teru°/i'L^='i;:!^lrri?i\irs.L°fre:;?r^r^^^^^^^ 

TnxB  LXX.— CRIMES.-CH.  4. 

cS^.'r.  L^i^K^T'^  peraon  who  having  taken  an  oath  before  a  competent  tribunal,  officer,  or  person  in  any 
Se  or  cert^v  ^Tv  oV  rKYe°""*  ^"^'"^  authorizes  an  oath  to  be  admfiTistered.  that  he  will  t«U(?!^cfa^.  d2 
S^e  'wUifUui  L7^n?^  t\frXr!^"r  ^^^^o^y.  d'c'^^^^oo.  deposition,  or  certificate  by  him  subscribed  U 
£^tA.«  U  inJl^lf  ^^^  *°  '^'^u*^^^  ******  ?•■  subscribes  any  material  matter  which  he  doe*  not  believe  to 
imSnmf^.  ^,°J  penury,  and  shall  be  punished  by  a  fine  o^  not  more  than  two  thousand  dollarTand  by 
Sdmon^fn  •  ''*«* '^*^'-.  "°*  ™f^  **^  fi^*  y""'-  *"**  shall,  moreover,  thereafter,  be  incap^Rf^yinJ 
tesumony  m  any  court  of  the  Umtcd  States  until  such  time  as  the  judgment  against  him  is  revcS:d!  [S«  f^^^ 

The  deposition  of  two  witnesses,  in  the  foUowing  form,  taken  separately,  U  required  in  each  case. 

DEPOSITION  OF  WITNESS, 
Ques.  I.  State  your  name,  age.  residence,  and  occupation. 

,  who  made  desert  land  entry  No. ,  on  th« 


Ques.  2.  Are  you  acquainted  with  — 

of ,  A.  D.,  ifr— .  upon  the ? 

Ans. 


day 


^ues.  3.  How  long  have  you  known  the  party  who  made  thU  entry  t 

Ques.  4.  Have  you  personal  knowledge  of  this  land* 
Ans. . 

.aS^'ft:.™  iS"?  '^ater  been  conducted  upon  the  land  embraced  in  said  entry,  so  as  to  irricate  and  ledaim  th« 
An.  "  ^'^"^  condition  to  such  extent  that  the  same  will  pixSI^ran  affricuuSd  c^t 

-^  undeT'dXXnTo.'!!l"i:?by^^^^^^^     '^"'  '"  "^  "'  '^  ''^^  •^"^  ^»-  «"*  -*^  ^^ 

Ans. ,  »  7  • 

«uSli^;iL^f*.K  "!*"5  *^  ^^^  *^°  '**^"  •"  P'*"*«*  •"  ""c*"  y**"-.  in  ^hat  crops,  and  upon  what  DonioB  or 
subdivision^f  the  land,  and  what  amount  of  crops  have  been  produced  thereon,  and  ty  whom?  ^ 

^^^,\^-  ^**  "^P'lu."!'!*'"^  "^^  ^""^  "*^"  ^  ^^  "  "****"  *"y  P**"'°°  **'*^^'  P''^<»«*  »•  »»»• 
Ans. . 


THE  AMERICAN  SETTLER'S  GUIDE. 


Ill 


Ques.  9.  WouM  the  land,  or  any  portion  of  it,  by  cultivation  without  irrigation,  have  produced  any  agricul 
tural  crop  whatever,  and  if  so.  what  crop  T 

oS^.lTwas  there  any  natural  water  supply  upon  such  land  sufficient  to  fertilize  or  irrigate  the  whole,  ot 
any  portion  thereof,  and  if  so,  what  portion?    State  fully. 

Q^.TiTHas  the  amount  of  water  conveyed  upon  said  land  by  • in  any  one  season  ^««° 

J£^ntu>  so  irrigate  the  entire  tract  as  to  rinder  the  same  productive,  and  if  so,  what  crop  or  crops  would 
such  irrigation  produce  T 


Ans. 


'  in  any  one  season  ? 


Ques.  IS.  Has  the  whole  tract  been  irrigated  and  cultivated  by 

Qui^.TTHas  each  smallest  legal  subdivision  or  portion  of  less  than  forty  acres  been  irrigated  or  cultivated 
either  dunng  one  season  or  different  seasons  since  the  date  of  entry? 

0^"171iow  much  water  per  acre  has  been  conducted  upon  the  land,  or  upon  any  portion  under  cultivation 
in  iSTone'seaJ^nTf^r  how  lo*S  a  time  was  it  so  conduct^  upon  the  lancT,  and  at  what  times  or  seasons? 
State  fully. 

oSL"rrTn  what  manner  was  such  water  conveyed  upon  the  land,  whether  by  pipes  or  ditches,  and  how 
waf;rdistributed^era"d  through  the  soil?  Sute  particularly  and  in  detail  and  cTescnbe  the  ditches  as  to 
their  width,  depth,  direction  through  or  around  the  tract,  and  give  the  length  of  each. 

Q^.'^THas at  this  time  the  right  and  proprietorship  of  water  sufficient  ^nd  available  to  con 

tiuue  the  irrigation  of  this  tract  and  make  perpetual  reclamauon  of  the  land? 

QMS.  17.  How  did  you  become  acquainted  with  the  facts  relative  to  the  irrigation  of  said  land? 

Quei."TrHave  you  any  interest,  direct  or  indirect,  in  thU  entry,  in  the  land  covered  tiiereby,  or  in  the  water 
supply  used  in  iu  irrigation? 

'^""         ""•  (Signaturt.) • 

I  HBRBBT  cniTiPT  that  witness  is  a  person  of  respecUbility ;  that  each  Question  and  answer  in  ^«  fo/fip»"| 

testimony  was  read  to before  -^  signed name  thereto ;  ana  Uiat  the  same  was  subscribed  and 

sworn  to  before  me  this  — —  day  of ,  18—. 


— ,  Register. 
— ,  Receiver, 


Nar«.-The  officer  before  whom  the  deposition  is  taken  should  call  the  attention  of  the  ':'^,«^s '«  **I°i!°^ 
•ing  seSion  of  tiie  Revised  Statutes,  and  stite  to  him  that  it  is  the  purpose  of  tiie  Government,  if  it  be  ascertained 
that  he  testifies  falsely,  to  prosecute  him  to  the  fiiU  extent  of  the  law. 

Title  LXX.—CRIMES.— Ch.  4. 


Sac.  530a.  Every  person  who.  having  taken  an  oath  before  a  competent  tribunal  officer,  or  P««?°'  "f  »^ 
case  inSSch  a  STf  the  Uniied  Sutes  authorizes  an  oath  to  be  admm.stered,  ^^at  he  will  t^tify  d^la^ 
depose,  or  certify  truly,  or  that  any  written  testimony,  declaration,  deposition  or  C"f'5<=»t«  .^^  ^""/"^^^^^^ 
♦sttue.  willfully  and  contrary  to  such  oath  states  or  suWribes  any  material  matter  which  he  does  not  believe  to 
b^  uie.  U  guiUy  of  perjury/and  shall  be  punished  by  a  fine  of  not  more  than  two  tiiousand  do"a«.  ^^d  bj 
Spriso'nmfnt,  at  haHflabor,  not  more  than  five  year^.  and  shall,  moreover,  thereafter,  be  >ncapable  of  givina 
testimony  in  any  court  of  the  United  Sutes  until  such  time  as  Uie  judgment  against  him  is  reversed.    \hw  t  X750.J 

The  party  must  also  present  and  surrender  the  duplicate  certificate  issued  when  the  declar- 
ation was  filed.  When  this  is  done,  and  the  final  proof  made  to  the  satisfaction  of  the  district 
officers,  the  Receiver  will  receive  the  additional  payment  of  one  dollar  per  acre,  receipt 
therefor  in  duplicate,  in  the  following  form,  and  give  the  party  a  duplicate  receipt : 


Rbcbivbr's  Finai.  RBCBirr,  No. . 


Received  from 


.,of 


•  county. 


',  the  sum  of 


DBCIJiRATION  No.  . 

Land  Office  at , 

{Daie) ,  i8~. 

dollars  and cents,  being  final 


payme'nr^f  inrdollar  per  acre'  for  the containing acres  at  one  dollar  and  twenty-five  cents  pe, 

acre,  the  sum  of  twenty-five  cents  per  acre  having  been  heretofore  paid,  as  per  original  receipt  JNo.  — ^^^ 

f 

The  right  to  the  use  of  water  by  the  person  conducting  the  same  on  or  to  any  tract  of  desert 
land  not  to  exceed  six  hundred  and  forty  acres,  shall  depend  upon  6ona  fide  prior  appropria- 
tion; and  such  right  shall  not  exceed  the  amount  of  water  actually  appropriated  and  neces- 
sarily  used  for  the  purpose  of  irrigation  and  reclamation;  and  all  surplus  water  over  and 
above  such  actual  appropriation  and  use,  together  with  the  water  of  all  lakes,  rivers,  and 
other  sources  of  water  supply  upon  the  public  lands,  and  not  navigable,  must  remain  and  be 
held  free  for  the  appropriation  and  use  of  the  public  for  irrigation,  mining,  and  manufacturing 
purposes,  subject  to  existing  rights. 


ii 


'I' 

i! 


\  t 


1 


112 


THE  AMERICAN  SETTLER'S  GUIDE. 


Rulings  Under  the  Desert  Land  Law. 

A  desert  land  entry  may  be  made  by  a  married  womanC). 

Desert  land  entries  are  not  assignable("»).  , 

A  school  section  or  part  thereof  cannot  be  embraced  in  a  desert  entry. 

Sections  f 6  and  36  while  iinsurveyed  may  be  embraced  in  a  desert  entryC) 

Entnes  must  be  compact  in  form,  not  more  than  one  mile  and  a  quarter  in  any  one  dirrc 
tion,  where  640  acres  are  entered («). 

Desert  lands  may  be  surveyed  on  the  deposit  systemC). 

Lands  that  one  year  with  another  for  a  series  of  years  will  not.  without  irrigation,  make  . 
fair  return  to  the  ordinarily  skilful  and  industrious  husbandman  for  ihe  seed  and  toil  expended 
m  endeavoring  to  secure  a  crop,  are  desert  lands  within  the  law. 
pro^Zing^O  '"'^  *"  ^^"^^"^  producUon  as  would  be  a  fair  reward  for  the  expense  of 

To  be  desert  land  it  must  be  shown  that  irrigation  is  essential  to  produce  any  crop  upon  the 
land  in  question(«).  /        k    i^v/     v  .t 

lan^atl'i?''  ^^''  ^'^  '"^'^''''^  ^""^  ^'"^"^  "°^  *"'  """'  '"^^''' '°  "'"'^  """^^  "^^  ^''''' 

Trac^  entered  under  this  law  are  desert  until  their  non-desert  character  is  established  by 
preponderance  of  testimony(»).  ^ 

Final  proof  must  show  that  the  entire  tract  is  irrigated  in  the  cropping  season.'  The  crop 
may  be  hay,  vegetables  or  cereals.  Proof  that  aU  the  land  has  been  cultivated  is  not  necessarv, 
but  It  all  must  be  in  a  suitable  condition  for  cultivation. 

Mere  conveying  of  water  upon  desert  la,>d  is  not  a  fulfillment  of  the  law,  unless  in  ».ffi. 
aent  quantity  to  prepare  such  Und  for  cultivaUonC). 

The  best  proof  of  the  right  to  use  water  must  be  produced,  either  by  record  evidence  or  a 
contt^ct  for  water  to  be  delivered  by  an  incorporated  company  or  prior  appropriation!'). 

Je  :<^n  erde";.'"'  ^'"' '"  *  "'""  '""  '""^  '^"  '^^'«  °"'^  "^^  ""^  -""^  ^'^'T' 

Patent  will  issue  only  in  the  name  of  the  original  party(»). 

A  party  whose  desert  land  entry  has  been  canceled  for  non-compliance  with  law  cannot 
claim  the  land  as  a  pre-emptor  or  homesteader  by  virtue  of  settlement  and  residence  thereon 
pnor  to  such  cancellation^). 

Repayment  not  allowed  where  a  desert  land  entry  has  been  canceled  for  non-complianceC) 

When  repayment  in  a  desert  land  entry  cannot  be  made(P). 

Where  a  desert  land  entryman,  after  the  expiration  of  three  years  from  entry,  applies  for 

h  M^'t-  t""^  r'tT  '''"^''^"^  '"^  '^'  ^''  °^  ^^y  **•  *««°'  ^^  ^  pre-emptions  may  be 
held  subject  to  the  Rules  of  PracUce  in  the  matter  of  hearings  and  contests(r). 


(»)  Instructions,  Latui  f>utier.  Vnl.  9.  p.  aaa. 

(*)  S.   W.    Downey,   Land  Owner,  Vol.    7,   p.    26. 
Ccpp's  Land  Laws,  p.  1381.     Joab  Lawrence, 
Land  Owner,  Vol.  11,  pp.  118,  119. 
f  (•)  Samuel  B.  Reeves,  Lxtnd  Owner,  Vol,  6,  p.  76. 
Copp's  Land  Laws,  p.  1381. 

(«)  Philip  Shenon,  Land  Oiuner,  Vol.  8,  p.  8.  Copp's 
Land  I^ws,  p.  1379.  Instructions,  Land  Owner, 
Vol.  7,  p.  138.  Rivers  w.  Burbank,  Land 
Owner,  Vol.  9,  p.  338. 

(•)  Instructions,  Land  O^tmer,  Vol.  9,  p.  lao. 

0  Babcock  vs.  Watson,  Land  Owner,  Vol.  10.  p.  174. 

(«)  Bliss  vs.  Schamel,  Land  Owner,  Vol.  10,  p.  96. 

(»>)  Rivers  vs.  Burbank,  Landowner,  Vol.  9,  p.  238. 


(«)  Schuler  vs.  Creighton.  I^nd  Owner,  Vol.  11,  p.  59. 
(J)  Instructions,  Za«*/<^v>»rr,  Vol  7,  p.  105.     Copp's 

I  and  Laws  p.  138a.    Wallace  vt.  Boyce,  iMnd 

Owner,  Vol.  9,  p.  lao. 
(k)  Instructions,  Land  0%tmer,  Vol.  7,  p.  a6. 
(')  John  H.  Bowtnan,  Land  Owner,  Vol.  6.  p.  19a. 

Copp's  Land  Laws,  p.  1383. 
(■)  Pedro  Sodcllo,  Land  Owner,  Vol.  9,  p.  38. 
(•)  Barrott  vs.  Linney,  Land  Owner,  Vol,  10,  p.  197. 
(•)  James  R.  Boyce,  Land  Owner,  \  ol.  lo,  p.  as. 
(P)  Thomas  Guinean,   Land   Owner,   Vol.    7,  p.    8. 

Copp's  Land  Laws,  p.  1397. 
(n)  Perkins  Russell,  Land  Otvner,  Vol.  10,  p.  175. 
(')  Fraser  vs.  Ringgold,  lAtnd  Owner,  Vol.  xi,  p.  17,. 


THE  AMERICAN  SETTLER'S  GUIDE. 


112a 


Fraudulent  Land  Entries  and  Contests. 

An^^l&nd  entry  that  is  based  on  a,swom-to  lie  is  fraudulent.  By  contest  is  meant  the  trial 
or  bearing,  equivalent  to  a  proceeding  in  Court,  by  which  one  party  seeks  to  deprive  another  of 
the  land  he  claims.  By  settlement  is  meant  the  act  by  which  a  claimant  shows  his  intention  to* 
claim  public  land.  Usually  it  consists  in  building  a  shanty  or  breaking  the  sod.  Contents  are: 
often  decided  by  the  dates  of  settlement.  Legal  settlement  cannot  be  made  by  an  i^ent,  not 
•Ten  by  a  member  of  his  family.  The  settler  must  go  in  person  actually  upon  the  land  he 
desires  to  secure,  and  perform  some  act  of  settlement.  The  settlement  act  of  widows  and 
spinsters  may  consist  in  giving  orders  to  a  hired  man,  but  the  orders  must  be  carried  into 
•flfect  A  pre-emption  filing  must  be  preceded  by  settlement,  but  if  not,  the  defect  may  be 
cured  by  making  settlement  before  another  party  commences  an  adverse  settlement.  A  home- 
stead entry  may  be  made  without  prior  settlement  Filings  and  entries  based  upon  settlement 
must  be  made  within  one  month  of  settlement  on  offered  land,  and  within  three  months  on 
anoflfered  land. 

A  claimant  who  swears  to  settlement  one  or  two  months,  or  years,  or  otherwise,  before  the 
real  date  of  settlement,  is  guilty  of  perjury,  and  besides  committing  a  crime,  his  entry  is  liable 
*o  contest.  Parties  who  swear  falsely  to  settlement  on  school  sections  before  survey  gain 
Bothing,  if  anybody  chooses  to  report  the  truth  to  the  General  Land  Office.  Aliens  cannot 
make  legal  settlement  or  entry  until  they  have  declared  their  intentions  to  become  citizens. 
Married  women  cannot  be  settlers  unless  deserted  by  their  husbands.  No  one  tmdcr  twenty- 
one  years  of  age,  except  the  head  of  a  family,  can  make  settlement  or  entry.  All  entries 
made  contrary  to  the  above  are  subject  to  contest. 

Residence.  ^    . 

Homestead  and  pre-emption  claimants  must  comply  with  the  law  in  the  matter  of  resi- 
dence. The  entries  of  herdsmen,  miners,  business  and  professional  men  and  other  people 
whose  employments  keep  them  away  from  their  farms  are  liable  to  contest.  Visiting  claimi 
once  a  week  or  occasionally  during  a  month  is  not  residence.  Poverty  sometimes  exctises 
Bon-Tesidence«  but  pretended  poverty  never. 

Cultivation  and  Improvements. 
There  must  be  sufficient  breaking  and  cultivation  of  the  land,  and  improvements,  such  as 
buildings,  clearings,  fences,  well,  etc.,  to  show  good  faith  and  honest  intention.     Where  httle 
•r  no  breaking  or  cultivation  or  improvements  are  shown,  especially  if  residence  has  been 
doubtful,  the  entry  is  liable  to  successful  contest. 

Tree  Claims. 
Timber  Culture  entries  must  be  on  land  naturally  devoid  of  timber.  The  claimant  must 
actually  come  within  the  land  district  to  swear  to  his  entry  papers.  The  third  year  after 
entry,  five  acres,  previously  broken  and  cultivated,  must  be  planted  with  trees,  cuttings  or 
seeds.  The  same  with  five  acres  more  during  the  fourth  year.  These  must  be  cared  for  and 
cultivated.  If  not,  the  entry  can  be  successfully  contested.  Residence  is  not  required.  An 
agent  can  do  all  the  work,  but  the  entryman  is  held  responsible.  Improvements  made  by  a 
prior  claimant  are  credited  on  the  purchaser's  claim. 

Desert  Land  Entries. 
These  entries  cannot  extend  more  than  a  mile  and  a  quarter  in  any  one  direction,  and  can- 
sot  embrace  cultivated,  or  timber  or  grassy  lands.     Desert  land  must  be  brought  to  an  agri- 
cultural condition  within  three  years  from  date  of  entry,  or  the  entry  will  be  liable  to  contest 

Preference  Right. 
T1»«  act  of  Congress  of  May  14,  1880,  holds  out,  as  an  inducement  lo  contest  fraudulent 


•1 


112b 


THE  AMERICAN  SETTLER'S  GUIDE. 


entries,  the  privilege,  or  preference  right,  of  entry  for  thirty  days  after  cancellation  of  entnf 
where  contestants  are  duly  qualified  to  make  entry.  A  preferred  contestant  cannot  sell  hu 
right  of  entry  so  as  to  invest  the  purchaser  with  the  privilege.  Such  purchaser  must  take  his 
chances  with  other  claimants. 

In  general,  all  entries  wherein  the  requirements  of  law  are  not  fully  met,  are  liable  to  con- 
test, and  under  amended  rule  of  practice  No.  35,  the  hearing  may  be  had  before  some  design 
nated  officer  near  the  land  involved.  The  editor  of  the  Guide  will  be  glad  to  assist  settlers 
in  selecting  good  attorneys  to  conduct  their  cases  and  to  prepare  their  entry  and  other  legal 
papers. 

All  rulings  of  local  officers,  as  well  as  of  the  Commissioner  of  the  General  Land  Office, 
diat  involve  the  denial  of  a  supposed  right,  are  subject  to  appeal  to  a  higher  tribunal,  and  val- 
aable  lands  are  frequently  lost  by  not  taking  such  appeJd. 


CHAPTER   VII. 

WHERE  TO  SETTLE. 

llie  question  "  where  to  .settle  "  is  a  serious  one  to  the  emigrant.  The  suggestions  here 
offered  are  not  in  favor  of  any  particular  locality  or  community.  They  are  such  as  must  pre- 
sent themselves  to  every  person  who  will  give  the  subject  serious  consideration. 

The  wonderful  diversity  of  soil  and  climate,  society  and  facilities  for  the  several  industries 
presented  by  the  broad  expanse  of  our  country,  offers  to  every  man  a  congenial  location  and 
a  happy  home. 

The  advantages  of  migrating  in  companies  of  three  to  twenty  families  are  many.     An 
agent  can  be  chosen  to  examine  the  region  in  which  after  full  inquiry,  correspondence  and 
reading,  it  is  decided  to  setUe.     Low  rates  can  be  obtained  for  outfit,  traveling  and  other  ex 
penses,  land  in  large  quantities  can  be  bought  cheap,  while  the  discomforts  of  going  upon 
government  lands  are  materially  lessened  when  friends  go  in  colonies. 

Starting  with  the  assumption  that  the  emigrant  is  industrious,  sober  and  intelligent,  the 
points  to  be  aimed  at  are — first  and  foremost,  health  and  bodily  comfort,  second,  mental  and 
moral  growth  ;  third,  financial  success  in  the  near  future. 

HEALTH   AND   BODILY  COMFORT. 

If  the  health  of  himself  and  family  is  good,  a  climate  like  the  one  he  is  leaving  should  be 
sought  by  the  settier.  Run  no  risk  by  going  upon  the  lowland  when  accustomed  to  the  hills , 
to  a  humid  atmosphere  from  a  dry  bracing  one,  or  the  reverse. 

Consult  the  family  physician,  and  gain  all  information  possible  about  the  mean  annual 
temperature,  extremes  of  heat  and  cold,  the  amount  of  rainfall,  chills  and  fever,  etc.,  in  the 
region  decided  upon. 

On  the  other  hand,  a  change  of  climate  often  restores  physical  vigor.  Many  a  consump- 
tive from  bleak  New  England  has  discovered  fountains  of  health  in  the  south  and  southwest 

The  surroundings,  especially  the  state  of  society,  have  much  to  do  with  physical  comfort 
In  a  turbulent,  irreligious  community,  where  crime  goes  unpunished  and  the  criminal  is  some 
what  of  a  hero,  a  peace-loving  family  will  be  in  a  constant  state  of  worry,  that  must  eventu- 
ally affiect  their  general  health.     Let  such  regions  be  avoided  as  a  pest-house  is  shunned. 

Political  troubles  prevent  immigration,  as  they  aid  emigration  or  an  exodus.  No  community 
that  deprives  any  honest  citizen  of  his  political  rights  can  expect  to  secure  an  intelligent  class 
of  immigrants,  and  may  expect  to  lose  those  who  are  disfranchised.  The  enterprising  among 
them  will  find  homes  amidst  a  wiser  people,  and  let  the  office-holders  collect  their  salaries 
from  waste  land  if  they  can.  There  is  no  truer  axiom  than  that  in  any  neighborhood  each 
man's  gain  is  everybody's  gain  and  each  man's  loss  is  everybody's  loss. 

MENTAL  AND  MORAL  GROWTH. 

Seek  a  State  or  Territory  whose  officials  appreciate  churches  and  schools ;  where  taxpayers 
perceive  the  fact  that  every  dollar  spent  on  education  and  religion  is  a  saving  of  two  dollars 
on  the  jail  and  penitentiary,  where  newspapers  are  numerous  and  libraries  have  been  started, 
and  literary,  temperance  and  other  societies  are  encouraged  by  the  leading  citizens.  In 
sp>arsely  settled  regions  in  the  Territories  where  society  is  not  fully  organized,  much  cannot 
be  expected  in  the  matter  of  education  and  religion,  but  the  tone  and  sentiments  of  the 
people  may  be  taken  as  a  sure  index  of  the  future. 
8  IIB 


i 


/ 


I 


\ 


i 


lU 


THE  AMERICAN  SETTLER'S  GUIDK 


FINANCIAL  SUCCESS. 

The  settler  must  determine  the  kind  of  business  he  will  pursue,  then  seek  a  locality  best 
adapted  to  carrying  it  on.  Farming  is  the  most  common  and  safest  occupation  in  a  new 
country.  If  he  would  make  a  specialty  of  live  stock,  fruit  culture,  wheat  raising,  or  aught 
else,  let  the  fanner  consider  all  that  tends  to  success. 

Railroad  facilities,  river  and  lake  transportation,  and  nearness  to  markets,  must  be  looked 
to;  also  the  fence  and  other  real  estate  laws.  State  and  county  debts,  and  the  laws  relative  to 
municipal  indebtedness,  rates  of  taxation,  character  of  officials,  etc.;  whether  the  school 
houses,  churches  and  public  buildings  arc  already  erected,  and  society  fuUy  organized. 
Homestead  exemptions,  cost  of  living  and  of  building  materials,  nearness  to  stores,  mUls,  etc 
abundant  water  supply,  Indians,  droughts,  grasshoppers,  potato  bugs,  and  everything  eke  that 
can  affect  his  success,  should  receive  due  attention. 

Land  near  a  railroad  at  ^5.00  an  acre,  is  cheaper  than  land  at  ^1.25  several  miles  from 
transportation.  Do  not  buy  too  much  land  simply  because  it  is  cheap.  One  hundred  and 
sixty  acres  are  all  an  ordinary  man  can  attend  to  properly,  and  taxes  on  a  large  farm  balance 
considerable  profit. 

Other  things  being  equal,  choose  a  settlement  near  mines  and  manufactures,  or  rapid  streams 
likely  to  be  used  for  manufactures;  near  the  junction  of  rivers  or  valleys,  where  a  valley 
crosses  a  river  or  ends  at  a  lake. 

Such  locations  always  secure  good  markets  for  farm  produce,  and  rapidly  advance  the 
pnce  of  land,  becoming  centres  of  business  and  sites  for  future  cities. 

The  Utle  which  a  setUer  acquires  to  lands  in  this  country  is  in  fee  simple.     It  is  not  a  lease 
tor  any  term  of  years,  but  perpetual  ownership,  whether  he  buys  of  the  general  Govermnent 
State,  or  corporation.     The  land  becomes  his  property,  to  hold  during  life,  and  transmit  to  his' 
heirs,  or  he  may  sell  it  at  will.     There  is  no  landlord,  no  rent  to  pay.  nor  are  any  church  rates 
exacted.     He  is  himself  lord  ofthe  manor,  and  peer  of  his  feUow-ciUzens  of  all  cksses. 

ADDRESSES.  (•) 

For  the  information  of  settlers  the  following  addresses  are  appended : 

1.  A  list  ofthe  United  States  land  officials. 

2.  A  list  of  State  land  and  immigration  officers  and  agents. 

3.  A  list  of  railroad  land  commissioners  and  agents. 


THE  AMERICAN  SETTLER'S  GUIDE. 

LIST    I. 

United  States  Land  Officers. 


"S 


GENERAL  LAND  OFFICE. 
Co««Miioner :  W.  A  J.  Sparks. 
Assist.  Commissioner :  Lutner  Hsxriaoa. 
Ciue^  Clerk :  William  Walker. 

U.  S.  SURVEYORS-GENERAL. 


Nmim*, 


Addrett, 


Royal  A.  Johnsott. Tucson,  Arisona. 

Wm.  H.  Brown ...San  Francisco,  CaL 

Korman  H.  Meldrum Denrer,  Colorado. 

Maris  Taylor Huron,  Dakota. 

Tames  F.  McClellaa Tallahassee,  Florida. 

Wm.  P.  Chandler Boise  City.  Idaho. 

iamea  Lewis New  Orleans,  Louisiana, 
fartin  S.  Chandler St.  Paul,  Minnesota. 

JohaS.  Harris Helena,  MonUna. 

PlatamoHth,  Nebraska. 

C.  C.  Powning Reno,  Nevada. 

1G.  W.  JuUan Sante  F4,  New  Mexka. 
amea  C.  Tolnuu Portland,  Orefoa. 
■red.  SalooMm Salt  Lake  City.  Utah. 

y^^  McMicken Olympia,  Washingto*. 

J.  W.  Meldrum Cheyenaa,  Wyoming. 

UNITED  STATES  LAND  OFFICES. 


RtgitUr. 

HHntSTille....Wa.  C.  Wells Wm.  H.  Tanci^ 

Mootgoaecy..Thoa.  J.  Scott A  A  Mabaoiu 

▲Kizoiia. 

^^*'«**" J^2[*^l^*'« Cho»»erThoM»..., 

I. ...... B.  aa.  Thomas 


▲aKAMaas. 

Camde« S.  W.  Mallory.... 

Dardandle  ...A. G.  Leming 

Harrison John  Murphy 

liuie  Rock...M.  W.  Gibba 


fiodie 

Hamboldt ... 
Los  Angeles. 
Marysnlle  .. 
Sacramento.. 
San  Francisco. 

Shasu 

Stockton. 

Susanrille . . . , 
Visalia 


CAuvoanA. 

.Darid  Walker. 

.C.  F.  Roberu 

•  C  R.  Johnson... ., 
.JohnC.  Bradley.. 
.Edward  F.  Taylor 
.Wm.R.  Wheaton.. 
.John  W.  3arden . . , 
.Geo.  A.  McKensie. 

W.  P.  HaU 

.J.D.Hyde 


A.  A  Tttfts. 
.Zeaas  L.  Wiae. 
A.  C.  Phillips. 
Chas.  B.  Kdacy. 

Hiram  L.  Childs. 
.Solomon  Cooper. 
J.  W.  Haverstick. 
Thos.  J.  Sherwood. 
C.  F.  Gardner. 
C.  H.  ChambNcrlain. 
A.  Dobrowsky. 


COLOmAI>0. 

Central  City. .  Richard  Harrey . . 
Del  Norte.... John  Cleghom, Jr. 

Denrer Louu  Dougal 

Durango D.  L.  SheeU. 

Glenwood  Sps.J.  L.  Hodges, 

Gunnison 1.  J.  Thomas 

Lake  City . . .  .D.  S.  Hoffman.. . . . 
Leadville  ~    -     - 

Pueblo... 


F.  G.  Wa«i. 
Tipton  Lindaey. 


...S.  J.  Hanna 

...M.  L.  Blunt. 


E.  W.  HenderMn. 
C.  A.  Brastow. 
W.  C.  WiUits. 
W.  S.  Hickox. 
W.  Ross. 
.  J.  Leonard. 
Chas.  D.  Peck. 
E.  L.  Salisbury. 
M.  H.  Fitch. 


V 


Aberdeen.... 

Bismarck .... 

Deadwood. . . 
DeviU  Lake. 
Fargo ........ 

Grand  Forks. 

Huron , 

MitcheU 

Watertown . . . 
Yankton 


DAKOTA. 

.C.  T.  McCoy 

John  A.  Rea 

James  P.  Luse 

Henry  W.  Lord..., 

Horace  Austin 

B.  C.  Tiffany 

Geo.  B.  Armstrong 
Geo.  B.  Everitt 

G.  A  Wetter. 


B.  E.  Hutchinson. 
.NeilGilmour. 
.E.  P.  Champlin. 

A.  O.  Whipple. 

E.  C.  GcaiV 
■  W.  J.  Anderson. 
.Robt.  Lowry. 

T.  F.  Singiser. 
■Downer  T.  Bramble. 
J.  G.  Chandler. 


PUIRIDA. 

GainesTiUe  . . .  L.  A.  Barnes. John  F.  RoUins. 

U»AHO. 

Boise  CUy . 

Coeur  d'Alene 

P*»'.«y H- L-  Pound J.  S.  Walers! 

SSS°° \  S:  j;'"^*"'.^-. Arthur  J.  Shaw. 

""^^ A.  Duddenhausen.  .A  W.  Eaton. 


-H.  C.  Branstetter. 


—J.  F.  Legate. 


DesMoi 


IOWA. 

..F.  G.  Clarice H.  H.  Griffiths. 


^  •  •  •  •  •  • 


KAlfSAS. 

Concordia . . .  .S.  H.  Dodge. 
Garden  City..H.  P.  Myton 

Lidependence.M.  J.  Salter 

Kirwm JohnBisselL 

L»nied W.  R.Brown 

OberUn A  L.  Patchin 

Salina John  M.  Hodge. . . , 

Topeka. lohn  J.  Fisher. . . . 

WaKjeeney  . .  .B.  J.  F.  Hanna. . . . 
Wichiu R.  L.  Walker , 


Thos.  inrn>ag. 
A.  J.  Hoisingtoa, 
H.  M.  Wate«. 
R.  R.  Hays. 


LOUISIAMA. 


H.  S.  Cimninghaas. 
J.  Q.  A.  Pcytoa. 
W.lH.  Pilkcnta.. 
Jas.  L.  Dyer. 


A.  E.  Lemee. 


Natchitoches  ,- „.  ^  ju«:mcc 

New  Orleans  .Chester  B.  Darrall .  Morris  Marks. 

_  KICHIGAK.  -    ' 

Pe««»t-. Adam  E.  Bloom....  L.G.Wincox. 

East  Saginaw. Chas  Doughty Geo.  B.  Brooks. 

Marauette....y.  B.  Cochran M.  H.  Maynai^. 

Rood  City . . .  .Nathaniel  Clark. . . .  W.  H.  C.  Mitckal. 
mmfasoTA. 

Benson Darwin  S.  HaU....Hemaa  W.  StaM. 

Crooksto«....John  Cromb Lars  K..  Aaker 

P^uth G.  G.  Harkley E.  G.  Swaastxaa. 

Feigus  Falls. .  B.  N.  Johnson Jacob  Austin. 

Redwood  FalUE.  P.  Freemaa Andrew  Railsaa. 

St.  Ooud D.  H.  Freeman Wm.  B.  Mitchett. 

Taylor's  Falls. L.  K.  Sunnard.... Peter  H.  Stolbecf. 

TracT.. - 

Wortkiagtoa  .Mo 


^SCK^^W  ••••••  JCa 


Grinager C.  H.  Smith. 

Missunipn. 

C.  Kerr John  T.  HaU. 

mssoxnu. 

Boon^flle Gustare  Reich*. . . .  P.  H.  McNulty. 

Ironton James  H.  Chase. 


Springfield. . .  .Geo.  A.  C.  WooUey! Jamas  Duaara. 

MomrAXA. 

gp"*" O.  P.  Chisholm. . .  .John  T.  Cariia. 

Jie'en* Francis  Adkinsoa.  .2.  T.  Burton. 

MUes  City. , .  .Washington  Berry- 

Beatrice Hugh  J.  Dubbs 

Bloomin«ton..S.  W.  Switser 

Grand  Island.. C.  Hostetter , 

Lincoln Chas.  W.  Pierce.. 

McCook Gilbert  L.  Laws. . . 

Neligh Edward  S.  Butler. 

Niobrara Minor  W.  Bruce  . . 

North  PUtte. .  H.  M.  Grimes  .... 
Valentine James  Morris 


1 


Wm.  Anyan. 
H.  D.  Root. 
Chas.  F.  >Babcock. 
W.  B.  Lambert. 
Sanford  Parker, 
ohn  D.  Seamaa. 
WesleT  Tucker. 

NBTADA. 

Eoreka F.  H.  Hinckley.... Harrey  Carpenter. 

Maw  MKXICO. 

Las  Craces  . .  .John  R.  McFie. . .  .S.  W.  Sherfey. 
S»nteF4 Chas.  F.  Easley....Wm.  H.  BaiUuche, 

OaXGOM. 

Lakeriew Warren  Truitt . 

La  Grande.      S.  O.  Swackhauser.Geo.  B.  Curry 

Oregon  City..L  T.  Barin J.  G.  PilsburV. 

Roseburg W.F.Benjamin... 

The  Dalles... E.  L.  Smith CalebN.Thombury. 

«   .    .     .      «  UTAH. 

Salt  Lake  City.H.  McMaster .— 


WASHIKGTOH. 

Olympia...... John  F.  Gowey.... James  R.  Hayde.. 

Sookane  Falls  J.  M.  Armstrong...  John  L.  Wilson. 
Vancomrer  ...J".  W.  Sparling  ....A.  O.  Marsh. 

>i      ? V  f  •       -l-  Jo'«";'««n James  Braden. 

North Yakuna. James  H.  Thomas  .L.  U.  Hewlett. 

WISCONSIIV. 

B*yfiel<l A.  K.Osbom Curri*  G.  BeU. 

f*.,    o     -S-"-A-  Meggett Vincent  W.Bayless. 

Falls  St.  CroixMichael  Field A.  A.  Heald. 

La  Crosse.... Henry  Esperson  ...• -__ 


JJenasha Geo   W.  fay  .... . . j„,  h.  Jones. 

Wausau M.  H.  McCord  . . . .  E.  B.  Sanders. 

_.  WTOJnwc. 

Cheyenne..... Henry  W.  Rothert.W.  S.  Huribut. 

Eranston C.  H.  Priest K.  S.  Crocker. 


i! 


•     : 


.  I 


ii6 


THE  AMERICAN  SETTLER'S  GUIDE. 

LIST     II. 
State  Land  Officers  and  Immigration  Agents. 


ALABAMA. 

J.  J.  Alston,  Immigration  Commissioner,  Tuscaloosa, 

Charl^  Smallwood  and  Otto  Cullman,  Assistant  Com- 
missioners  Cullman,  Ala. 

ARIZONA. 

Patrick  Hamilton,  Territorial  Immigration  Agent, 
Prescott,  Arizona. 

ARKANSAS. 

W.  A.  Webber,  President  State  Immigration  Society, 

Little  Rock,  Ark. 
W.  J.  Murphy,  Secretary  ditto. 
D.  W.  Lear,  Commissioner  State  Lands,  Little  Rock, 

Ark. 

CALIFORNIA. 

J.  W.  Shanklin,  State  Surveyor-General  and  Register 
of  State  Land  Office,  Sacramento,  California. 

J.  H.  C.  Bonte,  Secretary  Board  of  Regents,  Berkeley, 
Alameda  County,  Cal. 

J.  Ham  Harris,  Land  Agent  of  University,  San  Fran- 
cisco, P.  O.  box  2040. 

Immigration  Association  of  California,  A.  R.  Briggs, 
President,  J.  A.  Johnson,  Secretary,  C.  H.  Street, 
Land  Officer,  Sacramento,  Cal. 

FLORIDA. 

C.  L.  Mitchell,  Commissioner  of  Lands  and  Immigra- 
tion,Tallahassee,  Florida. 

County  Immigration  Agents. 

Alachua  county — B.  W.  Powell,  Micanopy. 
Brevard  county — H.  S.  Williams,  Rock  Ledge. 
•Columbia  county — Wm.  M.  Ives,  Lake  City. 
Dade  County — ^J.  W.  Ewan,  Miami. 
Franklin  county — O.  H.  Kelley,  Rio  Carrabelle. 
Hernando  county — Fred.  L.  Robinson,  Brooksville. 
Hillsboro  county — W.  C.  Brown,  Tampa. 
♦Leon  county   J^ol.  John  Bradford,)   Tallahassee. 


county 
Levy  county 


— W.  H. 


Sebring,  Bronson. 


Manatee  county—John  G.  Webb,  Sarasota. 

Monroe  county— .Cullen  B.  Seals,  Fort  Myers. 

•Orange  county — R.  G.  Robinson,  Zellwood. 

Polk  county — Col.  John  Snoddy,  Bartow. 

Putnam  county — C.  V.  Hutchins,  Lake  Como.  , 

Sumpter  county — A.  P.  Roberts,  Leesburg. 

v«i..e;,  ^^,^t^  /  ^-  C.  Austin,  Enterprise. 
Volusia  county  I  j^i   g   RoIfe,'New  Smyrna. 

Those  markec  •  have  pamphlets  for  tree  distribution 
OB  receipt  of  three-cent  stamp. 

KANSAS. 

£.  P.  McCabe,  Register  of  State  Lands,  Topeka,  Kan. 

J.  A.  Haughawout,  Agent  University  Lands,  Neosho 
Falls,  Kansas. 

Van  R.  Holmes,  Agent  State  Normal  School  Lands, 
Emporium,  Kansas. 

John  B.  Gifford,  Agent  Agricultural  College  Lands, 
Manhattan,  Kansas. 

Joshua  Wheeler.  President,  and  Wm.  Sims,  Secretary, 
State  Board  of  Agriculture.  In  charge  of  Immigra- 
tion, Topeka,  Kiuisas. 

LOUISIANA. 

Wm.  H.  Harris,  State  Commissioner  of  Immigration, 

New  Orleans,  Louisiana. 
T.  J.  Bird,  Commissioner  of  Agriculture,  Baton  Rouge, 

Louisiana. 

MICHIGAN. 

Miner  S.  Newell,  Commissioner  of  State  Land  Office, 
Lansing,  Mich. 

MINNESOTA. 

Commissioner,  St.  Paul, 


of  Immigration,  St. 
Paul,  Minn. 


W.  W.  Braden,  Sute  Land 

Minn. 
H.  H.  Young,  SccreUry  Board 

Paul,  Minn. 
W.  P.  Jewett,  Stote  Land  Agent,  St 

MISSISSIPPI. 

John  M.   Smylie,  Commissioner    of  Swamp  Lands, 

Jackson,  Miss. 
E.  G.  Wall,  Commissioner  of  Immigration,  Jackson, 

Miss. 


MISSOURI 

Robert  McCuUoch,  Register  of  Sute  Lands,  Jeffenoa 
City,  Mo. 

Andrew  McKinley,  Superintendent  State  Board  of  Im- 
migration, Sixth  and  Locust  sts.,  St.  Louis,  Mo. 

MONTANA. 

Yellowstone  Land  and  Colonization  Co.,  Nelson  C. 
Lawrence,  Agent,  Glendive,  Mon^Mia. 

NEBRASKA. 

J.  S.  Scott,  State  Land  Commissioner,  Lincoln,  Ne- 
bntska. 

Waterloo  Immigration  and  Improvement  Association, 
R.  H.  Huddleston,  President.  W.  H.  Clark,  Secre- 
tary, Waterloo,  Nebraska. 

NEVADA. 

C.  S.  Preble,  Surveyor-General  and  Register  of  State 
Land  Office,  Carson  City,  Nevada. 

M.  D.  Noteware,  Deputy  Register,  ditto. 
George  T.  Gorman,  Sute  Land  Agent  and  Attoraey, 
Washington,  D.  C. 

NEW  MEXICO. 

TBRRITORIAL  BURSAU  OP  IMMIGRATIOM. 

Officers. 

W.  G.  Ritch.  President. 
Mariano  S.  Otero,  Vice-President. 
L.  Spiegelberg,  Treasurer. 
Jno.  H.  Thomson,  Secretary. 

Members  at  Large. 

Lionel  A.  Sheldon,Governor,  ex-officio,  Santa  Fe,K.M. 

Mariano  S.  Otero,  Bernalillo. 

Wm.  G.  Ritch,  Sanu  Fe. 

Trinidad  Romero,  Las  Vegas. 

Tranquilina  Luna,  Los  Lunas. 

Lehman'Spiegelberg,  Santa  Fe. 

Chas.  W.  Greene,  Saute  Fe. 

Nicolas  Pino,  Galisteo. 

G.  W.  Stoneroad,  Cabra  Springs. 

By  Counties. 

Bernalillo  county— Wm.  C.  Hazledine,  Albuquerque. 
Colfax  county — Thomas  M.  Michaels,  Springer. 
Dona  Ana  county — Albert  J.  Fountain,  Mesilla. 
Grant  county — Martin  W.  Bremen,  Silver  City. 
Lincoln  county— James  T.  Dolan,  Lincoln. 
Mora  county — William  Kroenig,  Watrous. 
Rio  Arriba  county — Samuel  Eldodt,  San  Juan. 
San  Miguel  county— G.  W.  Prichard,  Las  Vegas. 
Sante  Fc  county— Thos.  F.  Conway,  Sante  Fe. 
Socorro  county — Michael  Fischer,  Socorro. 
Taos  county— Theodore  C.  Camp,  Fernandez  de  Taos. 
Valencia  county — Maunel  Rito  Otero,  Peralta. 

OREGON. 

E.  P.  McComack,  Clerk  of  Board  of  Commissioners 
for  sale  of  State  Lands,  Salem,  Oregon. 

D.  B.  Rees,  Register  of  Sute  Lands,  La  Grande, 
Oregon. 

Capuin  John  Mullan,  Sute  Land  Agent  and  Attorney, 

Washington,  D.  C. 
C.  B.  CarUsle,  Secretary  Sute  Board  of  Immigration, 

PortUmd,  Orqgon. 

TEXAS. 

W.  C.  Walsh,  Commissioner  of  the  General  Land  Of- 
fice, Austin,  Texas. 

WISCONSIN. 

C.  F.  Fricke,  Chief  Clerk  Commissioners  of  the  Public 
Lands.  Madison,  Wis. 

J.  A.  Becher,  President,  and  J.  St.  Koslowsky,  Secre- 
tary, Sute  Board  of  Immigration,  Milwaukee,  Wis. 


THE  AMERICAN  SETTLER'S  GUIDE. 

LIST     III. 

Railroad  Land  Commissioners  and  Agents.* 


117 


ALABAMA. 

MOBILB  AKD  JtOKTCOMBRY  RAILROAD  COMPANY. 

W.  J.  Van  Kirk,  Land  Commissioner,  Pensacola,  Fla. 

TRUSTBBS. 

John  Swann,  Montgomery,  Ala. 
John  A.  Billups,  CarroUton,  Ala. 

ALABAMA  GRBAT  SOimiBRN  RAILROAD  COMFANY. 

Frank  Y.  Anderson,  General  Land  Agent,  Birmingham, 
Ala. 

LOCAL  LAND  ACBKTS. 

S.  E.  Dobbs,  Fort  Payne,  Ala. 
W.  H.  Dobbs,  Valley  Head,  Ala. 
E.  A.  Crandall,  Sprineville,  Ala. 
S.  S.  Lanier,  Birmingham,  Ala. 
James  L.  Nail,  McCalU.  Ala. 
John  Howard,  Tuskaloosa.  Ala. 
M.  Donoho.  Tuskaloosa.  Ala. 
A.  S.  Hamilton,  Cottondale,  Ala. 

LOinSVlLLB  AND  NASHVILLB  RAILROAD  COMFANY. 

John  G.  Cullman,  I    Land    Commissioners,    Cullman, 

Otto  Cullman,        i       Ala.  «.      .     u-- , 

R.  W.  A.  Wilda,  General  Land  Agent,  Bummgham, 

Ala 
Wm.  Richard,  CoUecting  Agent  Land  Department, 

Cullman,  Ala. 

LOCAL  LAND  AGBHTS. 

W.  F.  Smith,  Birmingham,  Ala. 
G.  A.  Nelson,  Decatur,  Ala. 
W.  H.  Foshee,  Clanton,  Ala.       . 
John  P.  Willoughby,  Blount  Springs,  Ala. 
W.  A.  Bozer,  Hartscnc,Ala. 
Louis  G.  Kirschner,  GardeikCity,  Ala. 
W.  -J.  Van  Kirk,  Pensacola,  Fla. 
ARIZONA. 
None  sported.         ^^^^^ 

ST:  LOUIS,  IRON  MOUNTAIN  AND  SOtTTHBRN  RAILWAY 
COMFANY. 

Thomas  Essex,  Land  Commissioner,  Littie  Rock,  Ark. 

LOCAL  LAND  AGENTS. 

T.  J.  Allison,  Austin,  Ark. 
P.  L.  Barker,  Judsonli^,  Ark. 
R.  L.  Powers,  Prescott,  Ark. 
C.  E.  Bramble,  Texarkana,  Ark. 
J.  P.  Mellard,  Hot  Springs,  Ark. 
W.  N.  Slack,  Alexander,  Ark. 
E.  N.  Royall,  Boydsville,  Ark. 
A.  M.  Crow,  Arkadelphia,  Ark. 
6.  P.  Holloway,  Powhatan,  Ark. 
J.  T.  Henderson,  Newport,  Ark. 
Wm.  Kilpatrick,  Malvern,  Ark. 
Richard  Jackson,  Gainesville,  Ark. 

LITTLE  ROCK  AND  FORT  SMITH  RAILWAY  COMPANY. 

T.  M.  Gibson,  Land  Commissioner,  little  Rock,  Ark. 
AgenU  not  reported. 

CAUFORNIA. 

CENTRAL  PACIFIC  RAILROAD  COMFANY. 

William  H.  Mills,  Land  Commissioner.        ._        ,        . 
C.J.  Tor  bet.  Deputy  Land  Commissioner,  I- ourtn  ana 

Townsend  Sts.,  San  Francisco. 
Has  no  Land  Agents. 

SOUTHERN  PACIFIC  RAILROAD  COMFANY. 

Jerome  Madden,  Land  Agent,  Fourth  and  Townsend 

Sts.,  San  Francisco. 
Has  DO  Local  Agents. 

COLORADO. 

None  reported.  

PAKOTA. 

ST.  FAUL,  MINNEAPOLIS  AND  MANITOBA  RAILWAY 
COMPANY. 

James  B.  Power,  Land  Commissioner,  St.  Paul,  Minn 


NORTHERN  PACIFIC  RAILROAD  COMFANY. 

Chas.  B.Lambom,  Land  Commissioner,  St.  Paul,  Mina. 
Has  no  Local  Agents. 

CHICAGO  AND  NORTHWESTERN  RAILROAD  COMPANY. 

Chas.  E.  Simmons,  Land  Commissioner,  Chicago,  IlL 
H.  M,  Burchard,  General  Agent,  Marshall,  Minn. 
FLORIDA. 

None  reported. 

IDAHO. 

NORTHERN  PACIFIC   RAILROAD  COMPANY 

Chas.  B.  Lambom,  St.  Paul,  Minn. 
ILLINOIS.      . 

ILLINOIS  CENTRAL  RAILROAD  COMPANY 

P.  Daggy,  Land  Commissioner,  Room  36,  No.  7* 

Michiean  Avenue,  Chicago,  Ills. 
Has  no  Local  Agents. 

IOWA. 

SIOUX  CITY  AND  PACIFIC  RAILROAD  COMFANY. 

C.  M.  Lawler,  Superintendent,  Missouri  Valley,  Iowa. 

LOCAL  LAND  AGENTS. 

D.  Brown,  Missouri  Valley,  Iowa. 
P.  Demmon,  Whiting,  Iowa. 
G.  Gilchrist,  Modale.  Iowa. 
.  W.  Gahagan,  Mondamin,  Iowa. 
W,  Ross,  River  Sioux,  Iowa. 
.  C.  Davis,  Blencoe,  Iowa. 
W.  Coria,  Onawa,  Iowa. 
P.  Snyder,  Sloan,  Iowa. 
.  C.  Brown,  Salix,  Iowa. 
L.  Righxer,  Sergeant's  Bluff,  Iowa. 
W.  Rudy,  Sioux  City,  Iowa. 

CHICAGO,  ROCK  ISLAND  k  PACIFIC  RAILROAD  COMFAMV. 

J.  L.  Drew,  Land  Commissioner,  Davenport,  Iowa. 

CHICAGO,  BURLINGTON,  *  QUINCY  RAILROAD  COMPANY. 

W.W.  Baldwin,  Land  Commissioner,  Burlington,  Iowa. 

IOWA  RAILROAD  LAND  COMFANY. 
H.  V.  Ferguson,  Land  Commissioner,  Cedar  Rapids, 

'""^  KANSAS. 


fe 

E. 
D. 

i. 

M 

i 


B 


UNION  PACIFIC  RAILWAY  COMPANY 
(Kansas  Division.) 
McAllaster,  Land  Commissioner,  Kansas  Qty,  M». 


None  reported 


WYOMING. 


LOCAL  LAND  AGENTS. 

L.  R.  Elliott,  Manhattan,  Kansas. 
A.  E.  Agrelius,  Lindsbore,  Kan. 
J.  A.  Foster,  Marquette,  Kan. 
W.  T.  Nicholas,  Lyons,  Kan. 

A.  Wiggin,  Ellsworth,  Kan. 
M.  Fultr,  Little  River,  Kan. 
T.  McKittrick,  Wilson,  Kan. 

B.  Corbett,  Bunker  Hill^  Kan. 
...  A.  Ellis,  Russell,  Kan. 

1  J.  D.  Ronstadt,  Ellinwood,  Kan. 
PCM.  Smith,  Great  Bend,  Kan. 

B.  Brungart,  Victoria,  Kan. 

Dan'l  Griest,  Ellis,  Kan. 

Bad  &  Dryer,  Grainfield,  Kan. 

iehu  Sunley,  Topsey ,  Kan. 
1.  Macomber,  Dry  Creek,  Kan. 
N.  F.  Greene,  Junction  City,  Kan. 
A.  M.  Claflin,  Salina,  Kan. 
D.  G.  Denton,  Brookville,  Kan. 
S.  McGee,  Delhi,  Kan. 
Farm  &  Investment  Co.,  Russell,  Ksm. 
L.  Judd,  Hayes  City,  Kan. 
J.  A.  Nelson,  Wakeeney,  Kan. 
Charles  Peterson,  CoUyer,  Kan. 
H.  S.  Day,  Parkerville,  Kan. 
W.  L.  Fuller,  Walker,  Kan. 
C.  R.  Scranton,  La  Crosse,  Kan. 

ATCHISON,  TOPEKA  AND  SANTE  FE  RAILROAD  COMFAKT. 

A.  S.  Johnson,  Land  Commissioner,  Topeka,  Kan. 

t  ri«.„lar*  were  «ent  to  all  land  erant  railroad  companies,  with  the  request  to  send  the  names  and  addressM 
of  tfehtnd  c^mmLTiUerfand  ^^^^  Any  desireS  changes  or  additions  to  this  list  wiU  be  gladly  made  foc 

friture  editions. 


m\h 


ns 


THE  AMERICAN  SETTLER'S  GUIDE. 


U>CAX.  LAMB  AOSmS. 

P  «•  ?fH»  Nickenon.  K.n. 
J.  H.  Ricksecker,  Sterling,  Kjm. 
J.  Mascmore.  Rajmond,  Kan 
r  A.  Stcckel.  ElUnwood,  Kan. 

f^K?\?°"*'  ^"^^  Centre^  Kmi, 
>Iin  Lmdaa  Pawnee  Rock,  Kan. 

?•  |- ^oicott.  Garfiel</,  Kan. 
J.  P.  Ott.  Kinaley.  Kan. 
*:  P.  Ott,  Offerle.  Kan. 
GJbw  Bros.,  Spearerille,  Kan. 
GUbertBro...  Dodge  City.  Kan. 
J.  U.  bhoup,  CimarroRL  Kan. 

S.  S.  Ott,  Fieid  Agent,  Topeka,  Kim. 
»^*aA»  crrr,  LAwnmcn  aiid  •ommmmi 

KAILWAT  COMPAVT. 

A.  S.  Jokn*on,  Und  Commiaiioner,  Topekn,  Kan. 

A  ^?^""'  *^"^  AWB  TnXA«  nAILWAT  COKPAITT 

A.  M.  5o<aners.  Land  Commiaaionar.  Smporin.  ~ 


LOCAL LAHB. 

C.  M.  Pratt,  Htuaboldt,  Kan. 

W.  J.  Haughawout,  Neoaho  Falk.  Kan 

Gm.  A.;Bow1u..  lola,  Kan. 

C.  P.  Walker,  d^ny,  Kan. 

G«>.  W.  Iler,  Gamatt,  Kan. 
Lane  &  Kent,  Burlington,  Kan. 
&»ythe  ft  Fockele,  Leroy,  Kan. 

T 'w  w*C?*"'  Madiaon,  Kan. 

tr   w  *JcWillia«a,  Cottonwood  Falk,  Kan. 
'y-^o^«»"'i~««'  El-dale,  Kaa. 

w    T  SfiUbury,  Marion  Center,  Kan. 

W.  J.  Cameron,  Eldorado,  Kan. 

5"^'«  *  Prorine,  Cauncil  GroT«,  Kan. 

H.  S.  Dar.  Parkerrille,  Kan. 

R.  D.  Adama,  Camden,  Kan. 

W.RBigham   White  City,  Kan. 

ri.  F.  Greene,  JuDcaon  City,  Kan. 
A.  C.  Pierce,  Junction  Qty.  Kan. 
L.  R.  EUiott.  Manhattan,  tan. 
S.  H.  Fairfield,  Alma,  Kan. 
PScrce  &  Mahan.  Alma,  Kaa 
Henry  Rickel,  Eakridge,  Kan. 
K  H.  Sanford,  Etkridge,  Kan. 
4^^  Wilson,  Clay  Center,  Kan. 
r.  W.  Sturge»,  ConcordU,  Kan. 
1 .  C.  Henry,  Abilene,  Kan. 
1.  RuUedgc.  Yatci  Centre,  Kan. 
btinebaujph  k  Bamett,  OtUwa,  Kaa. 

J?^*^*^*  J^^PP'  Topeka,  Kan. 

G.  E.  Withington.  AUen,  Kan. 

L.  J.  Hawkins,  Chanute,  Kan. 

O.  Vif,  Hutchinson,  Kansas  City,  Mo. 

Joseph  H.  Green    Sedaiia,  Mo. 

^c  Newkirk,  Kansas  City,  Mo. 

b.  M.  Knox,  Princeton,  lU. 

T.  P.  Scott,  Polo,  111. 

L.  F.  Walden,  La  Prairie,  lU. 

W.  L.  Heath  &  Co.,  Newton,  UL 

W.  Scott  Agney,  Freeport,  lU. 

D.  C.  Veirs,  Urbana,  rn. 

T.  M.  Walker,  Bloomington,  III. 
Charles  Snoad.  53  Clark  St.,  Chicago,  lU. 
DouviUc  &  Giesman,  Manistee,  Mich. 
J.  T,  Small,  Lcwiston,  Maine. 

E.  G.  Darnall,  Lebanon,  Ind. 
Fletcher  White,  Springfield,  Ohio. 
S.  G.  Hatfield,  Tunkhannock,  Pa. 
J.  H.  Ryan,  Peru,  Ind. 

t.  A.  Wood,  Sabula,  Iowa. 


None  reported. 
None  reported. 


LOUISIANA. 
MICHIGAN. 


MINNESOTA. 

NORTinRN  PACIFIC  RAIUtOAS  COMPAMT. 

i^.  B.  Lambom,Land  CommiMJoner,  St.  Paul.  Minn 
Um  no  Local  Ageau. 


^  MISSISSIPPI. 

N(MM  rapoiiad. 

MISSOURI.' 

IT.  LOOn,  IBON  MOVMTAIir  Atm^JtOVTMaMM  BAHiWAf 

coMPAirr. 
F.  S.  Rooalcr,  Land  and  Immigratioo  Agant.  y 

LOCAL  LAXD  ACHRm. 

tM.  Cooper,  Merely,  Mo. 
.  H.  A.  Atkim,  Poplar  Bkiff,  Mo. 
■AjnnxAL  Am>  wr.  josarv  kailwat  oompavt. 
G«o.  N.  Milk,  land  Conuaiaaioncr,  Haanlbiaf  SU. 

LOCAL  LAMS  ASMTIB. 

H.  H.  Wiacheil,  Palmyra,  Mo. 
W.  F.  Blackburn,  HunneweU,  Mo. 
J.  Wm.  Towaon,  Shelbina,  M*. 
A.  J.  Higbee,  Clar«»ce,  Mo. 
W.  G.  WLlker,  Maoon,  Mo. 
Jno.  O.  Jonas,  New  Cambria.  M«. 
G«>.  W.  Mar^.  Brookfidd/ Mo. 
H.  Black.  MdkdTille,  Mo. 
Chas.  H.  Manaur,  ChiUicotkc,  Mo. 
Jno.  T.  Bottooi,  Breckenridga.  Mo. 
Croaby  Johnaon,  Hamilton/Mo. 
Thoa.  K.  Tumey,  Cameron,  Mo. 
T.  O.  Daniak,  Lathrop,  Mo. 
Robart  W.  Nichokoa,  Otbom.  Ma. 
O.  G.  McDonald,  StewansvilU.  Mo. 
L.  D.  PoUock.  Tumay.  Mo. 

Goo.  M.  Milk,  Hannibal,  Mo. 

MONTANA, 
f  PAcnnc  BAiutoA»  coatPAirr. 
(Montana  Dirkioa.) 
Cora 


NEBRASKA. 

VaiOa  PAdPIC  KAJLBOAO  ODMPAJnr. 

LaaTltt  Bnrahaa,  Land  Commiaaiooar,  Oauika,  Nob. 

LOCAL  LAMD  AOHns. 

Ge«.  W.  R.  Doraey,  Fremont,  Nak. 

Sumner  Broa. ,  Schuyler,  Neb. 

S.  C.  Smith,  Columbus,  Neb. 

Speicc  &  North,  Columbus.  Neb. 

Henry  Beardaley,  Clark's,  Neb. 

N.  R.  Persinger,  Central  City,  Neb. 

Thummel  &  Piatt,  Grand  Island.  Neb. 

Geo.  D.  Hetsel,  Grand  IsUnd,  Neb. 
J.  H.  Roe,  Kearney  Junction,  Neb. 
J.  H.  MacColl.  Plumb  Creek.  Neb. 
A.  B.  Fuller,  Ashland,  Neb. 

T.  B.  DaTU,Wahoo,  Neb. 
m.  M.  Buntiiu;,  David  Oty,  Nab. 
.  H.  Mickey,  Osceola,  Neb. 

'.  K.  Atkins,  York.  Neb. 
W.  H.  Streeter,  Aurora.  Neb. 
A.  H.  Cramer,  Hastings,  Neb. 
Paul  Broa,  St.  Paul,  Neb. 
L.  Hallgrcn,  Phelps  Centre,  Ndb. 

sioinc  crrr  akd  pacipic  kailkoao  cokpawt. 
C.  M.  Lawler,  Superintendent,  Missouri  Valky, 

LOCAI.  LAWD  AGBim. 

Geo.  Foster,  Bbdr.  Neb. 
H.  D.  Dodendorf,  Bell  Creek,  Neb. 
H.  Bowerman,  Kcnnard.  Neb. 
F.  A.  Harmon.  Fremont.  Neb. 


i 


pmnioirr.  BucHoaii  a  Missoinu  tallbt  kaii 

COMPAKT. 

C.  M.  Lawler.  General  Superintendent,  Mmoom<  Tih 

ley,  Iowa. 
F.  A.  Harmon,  Fremont.  Neb. 
T.  L.  Kennedy,  Nickerson,  Neb. 
John  McKeage,  Hooper,  Neb. 
T.  F.  Brower.  Scribner,  Neb. 
H.  L.  CoroweU,  Crowed ,  Neb. 
W.  H,  Broach,  West  Point.  Nob. 
L.  B.  Coman.  Wkner.  Nab. 


THE  AMERICAN  SETTLER'S  GUIDE. 


119 


H.  A.  Phelps,  Pllger,  Neb. 

C  E.  Wilbur,  Stanton,  Neb. 

S.  L.  Kiiman,  Norfolk  Junction,  Nd>. 

J.  L.  Avery,  Battle  Creek,  Neb. 

W.  G.  Bentley,  Burnett,  Neb. 

C,  B.  Joy,  Oakdale,  Neb. 

G.  W.  Uhr,  Neleiffh,  Neb. 

F.  R.  Haldeman,  Clearwater.  Neb. 

Flnlcy.Lyon,  Ewlng,  Neb, 

J.  H.  Heckling.  Inman.Neb. 

C.  W.  Cook,  O'NeiU,  Neb. 
L.  C.  Sweet,  Atkinson,  Neb. 
E.  Yule.  Stuart,  Neb. 

E.  A.  Nash,  Bassett,  Neb. 

J.  P.  Bamhart,  Long  Pine,  Neb. 

O.  B.  Ripper,  Ainswortb.  Neb. 

D.  S.  Han.  Johnstown.  Neb. 
Frank  Ballinger,  Thacher,  Neb. 
R.  L.  Albertaon,  Valentine.  Neb. 

S.  L.  Kinnan.  Norfolk  Junctioa.  Neb. 
S.  L.  Kinnaa,  Norfolk.  Nab. 
L.  B.  Lewis.  Pierce.  Neb. 

E.  N.  Simons.  Plaiavicw.  Neb. 
R.  M.  Peyton,  Creighton.  Neb. 

BvauircToir  *  icuaovni  niTnt  ■ailsoao  cokpavt. 
J.  D.  McFarland.  Land  Commisaioaar.  Uaoolo,  Nab. 

NKTADA. 
NoBO  Reported. 

NEW  MEXICO. 
I  reported. 

OREGON. 


MOBiiiiMir  pacific  railwat  ao: 

B.  Ljuabom.  Lamd  C 
BO  Local  Aganii. 


PAIIT. 


TEXAS. 
Noae  reported. 

WASHINGTON. 

MOKTHBIIK  PACIPIC  RAIUtOAD  COMPAKT. 

Chas.  B.  Lambom.  Land    Commiaaioaer,   St.  Paid 

Minn. 
Has  IM>  Local  Agents. 

WISCONSIN. 

CaiCACO,  MILWAITKBB  ARD  ST.  PAVI.  XAILWAT 
COMPAKT. 

H.  G.  Haugan.  Land  CommissiotMr,  Milwaukee,  Wis. 
Has  no  Local  Agenu. 

CMICA60.  ST.  PAWL,  MIKKBAPOU*  AKD  OMAHA  KAIL* 
WAT  COMPAKT. 

Wm.  H.  Phipps,  Land  Commiasionor,  Hudson,  Wk. 

WnCOKMK  CHrrmAfc  sailwat  compakt. 

Charles   L.  Colby.  Land  Commkaiooer,  MUwaukee. 
Wk. 

local  LAKO  A«ai«B. 

W.  H.  B«tell.  Colby,  Wk. . 

K.  L.  Swarthout,  Dorchaster,  Wk. 

A.  I.  Perkins,  Madfoid,  Wk. 

G.  Rarpe,  Battemut,  Wk. 

Brnckor.  Ludloff  &  Co..  Phillips,  Wk. 

A.  D.  Luat.  Pkillipa.  Wk. 

D.  G.  Sswp— ■,  Ashland,  Wk. 


H 
N 


repotted, 
reported. 


WYOMING. 
VTAH. 


IMPORTANT    SUGGESTION    TO    SETTLERS. 

In  view  of  the  numerous  changes  in  the  land  service,  it  is  more  than  probable  that  the 
newly  appointed  officials,  while  actuated  by  the  best  of  motives,  will  make  some  erroneous 
rulings.  The  land  system  is  so  complicated  that  even  experienced  officials  make  mistakes 
occasionally.  One  of  these  erroneous  rulings  may  deprive  a  settler  of  land  that  will,  in  a  few 
years,  be  worth  thousands  of  dollars.  Hence  the  importance  of  submitting  the  question  in- 
volved to  some  disinterested  land  law  specialist. 

In  writing,  state  all  the  facts,  especially  give  dates,  and  an  opinion  will  be  promptly 
returned.     Enclose  a  small  fee  in  all  letters  of  inquiry. 

Address,  HENRT  N.  COPP,  Washin^n.  D.  C. 

Scrip  tliat  'will  Xake  UnofiRered  Surreyed  I«atid. 

SOLDIERS'  ADDITIONAL  HOMESTEAD  CERTIFICATES.  These  Certificates 
were  given  to  Soldiers,  Sailors,  their  widows  and  minor  children  who  had  made  homestead 
entries  prior  to  June  22, 1874,  of  less  than  160  acres.  In  such  cases,  on  proper  applicati(»is  in 
due  time,  certificates  were  issued  for  the  difference  in  area  between  the  original  homesteads 
and  160  acres.  Thus  a  soldier  homesteaded  135  acres  in  187 1.  A  certificate  would  be  issued 
by  the  Commissioner  of  the  General  Land  Ofi&ce  for  25  acres  (160-135)  in  his  case.  Certifi- 
cates for  2  and  3  acres  and  upwards  are  to  be  had,  but  the  majority  were  issued  for  40, 80  and 
120  acres.  The  selling  price  is  now  about  $13.00  an  acre  for  80  and  120  acre  pieces,  and 
$16.00  an  acre  for  40  acre  pieces. 

This  kind  of  Scrip  is  used  by  means  of  two  powers  of  attorney,  one  to  enter  the  land  under 
the  Soldiers'  Homestead  Law  at  some  local  land  office,  and  the  other  to  sell  the  land  after  it 
has  been  entered. 

This  Scrip  will  take  any  surveyed  unoffered  single  and  double  minimum  public  land 
which  is  subject  to  homestead  entry.  Any  Certificate  between  20  and  40  acres  will  take  40 
acres  by  paying  for  the  difference  in  cash  ;  the  same  is  true  of  Certificates  between  60  and  80 
acres,  100  and  120  acres.  Certificates  for  less  than  20  acres  will  take  any  firactional  lot  not  to 
exceed  double  the  area  named  in  the  Certificate. 

DODGE  SCRIP.— This  Scrip  is  issued  under  the  Act  of  Congress  of  June  15,  1880,  for 
the  relief  of  the  heirs  of  Israel  Dodge.  It  is  in  40  acre  pieces  and  is  assignable.  No  power 
is  used.  Patent  issues  in  the  name  of  the  assignee.  This  Scrip  cannot  take  double  minimum 
land.  It  takes  other  surveyed  unoffered  land  that  is  subject  to  pre-emption  or  hom'estead 
entry.     The  market  price  is  about  $15.00  an  acre  at  present 

PORTERFIELD  SCRIP.— -This  Scrip  is  issued  in  40  acre  pieces  under  the  Act  of 
Congress  of  April  11,  i860,  for  the  relief  of  the  legal  representatives  of  Robert  Porterfield. 
It  is  located  upon  surveyed,  unoffered,  minimum  land.  Its  peculiar  features  are  that  accord- 
ing to  decisions  of  the  land  department  it  can  take  land  within  the  limits  of  an  incorporated 
town  or  city,  and  also  improved  land  not  otherwise  legally  appropriated ;  consequently  the  price 
is  very  high,  about  $100  an  acre.    It  is  assignable,  and  patent  issues  in  name  of  the  assignee. 

PRIVATE  ACT  SCRIPS.— -There  are  several  Scrips  on  the  market  under  private  Acts 
of  Congress,  varying  in  quantity  from  40  to  640  acres,  that  sell  for  about  the  same  prices  as 
Soldiers'  Additional. 

Scrit>  tliat  w^ill  Take  Unsnnreyed   I^and. 

VALENTINE  SCRIP.— This  Scrip  was  issued  under  the  Act  of  Congress  of  April  5, 
1872,  and  the  Decrees  of  Court  thereunder,  to  Thomas  B.  Valentine.  It  takes  unoccupied, 
unappropriated,  surveyed  or  unsurveyed,  offered  or  unoffered  public  land  open  for  settlement. 
It  is  in  40  acre  pieces  and  assignable.     It  is  now  quoted  at  $40  an  acre. 

SIOUX  HALF  BREED  SCRIP.— This  Scrip  comes  in  40,  80,  and  160  acre  pieces, 
and  is  equal  in  value  to  Valentine  Scrip,  except  in  the  matter  of  transfer  of  title.  Like  Sol- 
diers' Additionals,  two  powers  of  attorney  are  necessary,  and  there  is  required,  in  addition, 
satisfactory  evidence  of  improvements  on  the  land,  placed  there  by  the  Indian  or  his  agent. 
This  Indian  Scrip  is  quoted  at  $20  to  $25  an  acre. 


In  locating  any  of  the  above  Scrip,  no  settlement  or  residence  is  required,  and  there  is  no 
limit  to  the  quantity  one  person  may  use.  The  right  attaches  at  once  on  filing  the  Scrip,  and 
transfers  of  title  for  Town  Sites  or  other  purposes  may  be  made  without  delay. 

Mineral  Lands,  as  such,  in  the  mining  regions  West  of  the  Mississippi,  cannot  be  entered 
with  any  of  the  above  Scrip,  except  in  those  States  where  mineral  lands  may  be  entered  under 
the  laws  for  the  disposal  of  agricultural  lands. 

Address.  HENBT  K.  COPP,  Waskiugrton,  D.  C. 


Important  to  Ex-Soldiers  k  Heirs. 


800,000  persons  wlio  liave  not  yet  appUed,  are  said  to 
be  entiUed  to  pensions.  Are  yon  one  of  them? 


Were  vou.or  your  father,  or  your  son,  or  your  husband,  or  your  brother, 
a  Union  Soldier  or  Sailor  in  the  late  war  ?  Do  not  delay  one  moment  but 
trite^aring  folly  the  facts.  Have  your  case  inv«t.gated.  No  charge  is 
^e  for  expreLing  an  opinion.  No  apology  is  needed  for  a  late  application 
for^Sio"^  Sns  are  applying  every  month  under  the  recent  liberal  de- 

cisions. 

WHAT  WILL  SECURE  A  PENSION. 

Any  disability  incurred  in  line  of  duty,  by  accident  or  otherwise,  secw« 
a  pension.  Ill  h4lth  resulting  from  Pneumonia,  Diarrhoea,  Heart  Di^ase 
Rh^uma"ism  &c..  due  to  exposure  while  in  the  service  secures  a  Pension, 
pn«  Varicose  Veins,  Rupture,  entire  or  partial  loss  of  sight  or  hearing,  loss 
o  fin'eer  or  Tc^  any  kind  of  Wound  though  healed  now,  or  sickness  hat  com- 
^itf  rr^tm^nt T/any  hospital,  which  in  any  degree  Feventsoirin^^^^^^ 
with  manual  labor,  entitles  you  to  a  pension.  Widows  and  children  and  cer 
Uin  dependent  relatives  can  be  pensioned. 

NO  EXCUSE  FOR  DELAY. 

Because  you  are  in  good  financial  circunjstances  no«;/%'>.°  «*^^/?' 
failure  to  ask  a  deserved  pension.  A  grateful  country  will  gladly  g>pt  ix. 
Bv  the  ttiS  reverses  come  upon  you.  your  late  comrades  and  means  of  proot 
n^y  have  passed  beyond  your  reach.     Delays  are  dangerous. 


SENO  IS  CENTS  FOU  A. 

With  complete  pension  laws  to  date,  teUs  who  are  entitled  to  military  bounty 
^d^^^EcCSL  matters  of  special  interest  to  Mexican  war  survivor 
^d  rdowsf  to  soldiers  who  intentionally  or  unintentionally  deserted  ^ 
^ut  W  y,  mtions  and  clothing  commutation  due  certain  soldiers,  extra 
S  iue  by  recfnt  court  decision,  prize  money  due  sadors  who  captured  ves- 
sels, colored  soldiers  and  heirs,  lost  discharges.  &c. 

Address  HENRY  N.  OOPP, 

1,  

Washington,  D.  0« 

N  B.— Owing  to  large  postage  expenses,  inquirers  are  requested  to  enclose 
itamps  for  reply. 


SOLID  REASONS  FOR  BUYING  THIS  BOOK: 

Xt  explains  how  to  examine  mining  titles.    It 
oonteins  numeirons  eonrt  decisions.    It 

gives  the  Public  Land-Commission's 

Codification.  It  gives  many  and 

Improved  Forms. 

THE  NEW  SECOND  EDITION  OP 

CORPS  UNITED  STATES  MINERAL  LANDS, 

Laws,  Forma,  Instructions,  and  I>€cisions, 

IS  NOW  BEADY  FOR  DELIVERT. 


TVo  Editions  .{^^yJSS.^^^^r^s&^'SZiJ^JSi 


„^Ll''i!!l°'  °T!?°"?  ^  P"chM«d  axtr  copies,  «,d  ewh  L«.d  Offia  in  the  miniw 


Subscribe  for  COPP'S  LAND  OWNER. 

A  aemi-monthly  publication  devoted  entirely  to  the  interest*  of  * 

Land-and  Iflaiag  AttorneTs,  Land  Ownen,  Agenti,  SetUers,  and  Clalaaata.  ICna 

Ownars,  Suparlntendenta,  and  Prospectoxi. 

It  contains  the  important  decisions,  instructions,  and  regulations  of  the  General  Land  0«*« 
and  Interior  Department  the  and  decisions  of  the  U.  S.  Su^eme  Court,  AeuSd  and  V^  ^ 
deasions  of  the  sere^l  Circuit  and  Sute  Courts,  and  the  United  State;  Undli^  m  w^ 
together  with  h^of  Mmeral,  Cash,  and  Homestead  Patents  as  issued,  imd^hcr  h^  "  ^^ 
to  Its  readers.  This  matter  cannot  be  found  in  any  other  paper  in  thrcount^  a^  U  ^^ 
culable  value  to  attorneys,  miners,  and  settlers.  ^"""uy*  ana  u  oi  incM. 

SaMl?e^5'*''*M'!?!'  ^^\^E-   "  *  y**""' '"  a^^anco;  six  months.  $1.50. 

5Janiple  copy  mailed  free.     Address,  '  •p*.ww. 


HENRY  N.  COPP,  Waahington,  D.  C. 


The  following  is  the  price-list  of  the 
several  publications  we  have  for  sale  re- 
lating to  the  public  domain  ;       ^ 

Edited  by  Henry  N.  Oopp. 

Copp»8    Public    Land  Laws— 1882 

Edition $8.00,  |11.00 

Copp's  U.  S.  Mineral  Lands.    4.00,     6.00 
Oopp's  Mining  Code  ....  60  cts.,     1.25 
Copp's  Settler's  Guide  ...  .26 
Oopp's  Land  Owner— Annual  Sub- 
scription       3  00 

Copp's   Land  Owner,   Vols.  1—11, 

in  one  book 15.00 


Out  of  Print.  * 

Copp's  Public  Land  Laws.     1875  Edition. 
Copp's  U.  S.  Mining  Decisions. 
Copp's  Hand-book  of  Mining  Law. 
Index  to  Bound  Volumes.     1  to  7. 

Public  Land  Commission's  Bepori. 

Part  I  -Existing  Laws |i.oo 

Parts  II  and  III.— Local  Laws,  .  .  .  6.00 
Part  rv.— History  and  Statistics, .  .  2M 
Decisions  of  the  General  Land  Office. 

1881  to  1883 .2.26 

Temporary  Binder  for  the  Land- 

Owner j  OO 

Send  for  circular  giving  ftill  partioulan. 


1! 


Is  Your  Title  Defective? 

Do  not  rest  secure  until  patent  issues  for  your  land. 
500,000  patents  await  delivery.  A  Receiver's  receipt  does  not 
convey  legal  title.  It  is  only  good  against  no  better  tide.  Do 
not  buy  of  private  parties,  land  in  the  public  land  States  and 
Territories,  unless  a  patent  can  be  shown.  Errors  frequendy 
occur  in  making  out  entry  papers.  The  land  you  think  yours 
may  be  sold  to  some  one  else  who  will  take  your  improve- 
ments or  make  you  pay  dearly. 

To  avoid  delay  and  bother  in  getting  evidence,  your  entry 
papers  should  be  examined  by  a  skillful  person  as  soon  as 
they  reach  the  General  Land  Office.  $5.00  will  coyer  this 
examination.  If  your  entry  papers  get  into  the  defective  files. 
it  will  probably  be  years  before  a  patent  can  issue. 

Parties  who  believe  they  have  an  interest  in  any  old  land 
claim  can  have  the  matter  investigated. 


Have  you  a  Bounty  Land  Warrant,  or  a  Soldier's  Home 
stead  Certificate,  or  any  other  land  scrip  or  warrant  you  wish 
to  sell?  Do  you  wish  to  buy  warrants  or  scrip  for  a  particu- 
lar purpose?  A  fair  interest  will  be  given  any  person  who 
can  learn  of  a  specially  good  opportunity  for  locating  scrip  or 
warrants  on  townsite  or  other  lands,  or  on  mineral  lands  where 
the  mining  laws  do  not  apply. 

Address 

HENRY  N.  COPP» 

Attorney  and  Counsellor-at-Law, 
WASHINGTON,  D.  0. 


Special  attention  given  to  Homestead  Claims  and  Con- 
tests, Pre-emption  and  Timber  Culture  Claims  and  Contests, 
Townsite  Contests,  Railroad  Contests,  Private  Land  Claims, 
Swamp  Land  Contests,  and  matters  generally  before  the 
Land  Department. 

FEES    MODERATE. 

The  Washington  Business  of  Settlers  and  Land  Attorneys  is 

respectfully  solicited. 


4 


^ 


.• ''  ' 


Are  You  Interested  in  Mines? 

THEN   YOU   NEED 


NEWSPAPER  NOTICES. 


Copp's  List  of  Patented  Mines,    ^sm.  toque,  disgusted  and  otherwise. 


(in  preparation.) 

Which  gives  the  names  of  6000  mining  claims,  patented  from  July,  1866,  to 
July,  1884,  arranged  by  States,  Territories,  Counties  and  Districts. 


Do  You  Think  of  Investing  in  a  Mine? 

Examine  this  book  to  see  if  your  Mine  is  patented.  Capitalists  will  save 
themselves  much  annoyance  and  considerable  money  by  refusing  to  buy 
unpatented  mines.  It  is  better  to  advance  a  few  dollars  to  the  owner,  to 
allow  him  to  secure  title,  than  to  be  troubled  by  a  lawsuit,  more  or  less  ex- 
pensive, after  buying  an  unpatented  claim. 

ARE   YOU  A  SURVEYOR? 

This  book  will  be  of  considerable  service  to  you,  as  in  addition  to  the 
lists,  it  contains  full  instructions  how  to  restore  lost  and  obliterated  comers 
of  the  public  surveys. 

PRICE,  ONLY  50   CENTS. 
Address,  HMIH^T  N.  COPP,  Washington,  D.  C. 


miT  TO 


11. 


«^*  s5,ooo  iv.a.]m:es.  «^^ 


Send  10  cents  in  postage  stamps  and  secure  a  pamphlet  giving  25,000 
names  of  Soldiers,  Widows  and  Children,  to  whom  Military  Bounty  Land 
Warrants  have  been  issued,  which  warrants  are  still  outstanding  and  unlo- 
cated.  '  ^ 

If  these  Warrants  can  be  found,  they  are  worth  from  $$0  to  |2oo.  If 
lost  and  their  owners  can  prove  loss,  duplicate  Warrants  will  be  issued  by 
the  government,  vhich  duplicates  are  of  equal  value  with  the  originals. 


Was  your  father,  uncle,  grandfather,  or  other  relative  a  soldier  in  the 
War  of  i8i2,  the  War  with  Mexico^  or  in  any  Indian  War  prior  to  March 
3>  1S55?  If  so,  you  can  afford  to  invest  10  cents  on  the  possibility  of  find- 
ing his  name  in  this  long  list  of  25,000  persons.  ^200  may  be  awaiting  you 
is  a  result.  Address, 

HB^RY   N.  COPP,  ^Wanliiii^oii,  D.  C 


WHAT  THE  EDITORS  SAY  ABOUT  "COPP'S  U.  S.  SAURY 
LIST  AMD  CIVIL  SERVICE  RULES." 


ahould  TUden  be  elected  President,  every  Democrat  would  want  a  copy  to  ^^^^^JJ^^^ 
Tl^  mles  a8  every  one  will  expect  a  fat  omoe.-BridgepoH  {Califa.)  Chramae-Union,  OcL  ^ 

Z^T'tTe  Democratic  party  carry  the  next  presidential  election  a  miUion  Democrats,  hun^ 
imt  for  office  and  place,  wiU  want  this  book.-  Wetumpka  (Ala.)  Times,  Oct.  18.  .^.^„  ^, 

Should  the  Democmtlc  party  carry  the  next  presidential  election,  there  will  be  a  cleansing  o^ 
tli  Augean  stables,  and  thi«  little  book  wUl  be  found  very  useful-^iouni  County  News,  Blount- 

'l^wil^J^  we  WiU  file  it  away  for  reference  when  that  time  comes-and  we  won't  have  tx)  wait 
lone  cither.— DaHtM  Covntp  Democrat,  Adel,  Iowa,  Oct.  IS. 

Its  examination,  even  now,  might  lead  them  (the  Democrats)  to  some  of  the  pleasures  of  antl- 
cioatlon.-^ urora  {111.)  Beacon,  Oct.  f7.  ^««.«. 

some  of  them  might  have  to  st^dy  it  a  good  whUe  befoi-e  they  become  qualified  for  the  offl^ 
they  are   looking  for,  so  it  would  be  well  to  send  80on.-Jlfiam»  Oazette,   WaynesvxUe,  Ohto, 

^  don't  interest  us,  we  want  no  office  or  salary-our  brains  wiU  furniBh  us  salary  enough.    No- 
body  need  persecute  us  thinking  we  want  any  public  position.- CWum^ton,  St  Helena,  Oregon, 

Got.  19. 

SoUd  Information.- CVxtft,  Ocean  Beach,  N.  J.,  Oct.  27. 

Bin  tlberaus  niitztiches  Wer^—Taglicfies,  8t  Joseph,  Mo.,  Oct.  tS. 

That  numerously  represented  genus,  the  office  seeker,  wUl  find  more  solace  in  the  P«r^8al  ol 
this  little  book  than  he  could  ever  gather  from  the  study  of  Shake8peare.--BroofcZyn  (i>.  r.) 

Eagle,  Oct.  t8. 
Ein  recht  wei-thvolles  Buch.— Die  Germania,  Lawrence,  Kansas,  Oct.  IL 
A  handbook,  no  longer  for  henchmen  and  heelers  but  for  the  honest  public  at  largc.-iV«w 

York  Evening  Post,  Oct.  tt. 

This  book  gives  a  peraon  a  better  idea  of  the  immense  expense  of  runnmg  the  governmeni 
than  any  other  publication  that  has  come  under  our  no\Xc%.— The  Record,  Maquoketa,  Iowa, 

Oct,  16. 

It  gives  a  list  of  aU  the  Federal  offices,  civil,  military,  naval,  and  diplomatic,  with  the  compen- 
sation assigned  to  each.— ^rooWyn  (N.  Y.)  Eagle,  Oct.  2S. 

Das  BUchlein  eiue  schou  Ifingat  gefiihlte  Lucke  ausfullt.- fi^edoiia  {Mo.)  Journal,  0<917. 

It  cannot  faU  to  be  a  matter  of  great  Interest  to  every  inteUigent  citizen.  We  think 
there  should  be  a  great  sale  for  it.— Exponent,  Rochester,  N.  Y.,  Oct.  tS. 

It  gives  all  the  information  wanted  by  a  man  after  a  "soft  thing"  under  the  wings  of  Uncle 
%Kai.— Philadelphia  {Pa.)  Commercial  List,  Oct  tl. 

It  is  of  course  a  good  deal  nicer  to  draw  some  of  these  salaries  than  to  read  about  other  pei-sons 
drawing  them ;  but  it  is  Information  worth  knowing  aU  the  same.— OoZedonfa  {N.  Y.)  Advertiser, 

OcLtS.  .  ,,    ,     .^^ 

The  financially  inquisitive  mind  will  find  much  In  it  to  gratify  its  cravings,  especially  In  tn« 

matter  of  official  salaries.-  Watchman  and  Southron,  Sumter^  S.  C,  Oct.  16 


^ 


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1   I 


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m«  tet  Gele^euhelt  fQr  DleJeiUgen  welch«  ron  Uixkle  Sam  ela  Amt  haben  woUen.-/)eu<.M* 
JSHtUnff,  Charleston^  B.  C,  €)ct  18.  ^«?m»«wm 

«^te  " uL^l'tr.  f  ^n/^Vvf  ^  *°*  ^^^^  '^* ^P'^'«  °»°^«y  «^'  »«^  »"  •bout  What  n 
©oste    Unole  Sam    for  hired  help  to  run  his  business.- OxpocA  (JtfieA. )  Bugle,  Oct  19 

A  valuable  publication.    Contains  the  greatest  amount  of  useful  Information  coranressed  into 

«ie  smallest  space  of  any  publication  we  have  seen  In  a  long  while.    The  preTa«tZ Tf  ft  ™^!2 

^e^oost  a  Tast  amount  of  palns-taWng  labor  and  patlent^e.earch.T^Z^"^^^ 

ii^^^^'''^^^  **f  Information  compressed  under  the  different  heads  Into  which  the  pamphlet  1. 
^ded  is  amazing,  and  its  succinctness  renders  it  available  at  a  glance.  It  is  decW^v  on«  .S 
the  most  useful  books  ever  published  in  connection  with  Federal  offlc^and  wuT^Hl^S 
toe  more  Interest  as  the  country  approaches  another  canvass  for  the  Presliency  beca^sIT^n^^ 

"^rr.s:;^^-^-^o^.r  ---">--«-  -  -  -wer  toL^^'i^rr 

[NoTH.  The  Harrlsburg  editor  figures  up  the  total  salaries  in  the  noetroffloe  at  N«w  v,*,*- .. 
^^T^llT^r^''"'  "  •^•°^'    ^°  ^"^  ^^°"  "^"-'^  ^  adCth^erme^T,  ^ZtiXi 

ClyU  .ervloe  rules  are  a  good  deal  like  a  dog  ooUar,  more  ornamental  than  useful  Influent 
Copp's  book,  may  send  for  iU-Nebraska  Watchman,  Omaha,  O J.  15.  wanting  Mr. 

wI^I^t^T^'^^^l^V**'  *^^^y  y**""*  genuemen,  with  aspiraUons  for  Federal  office  If  yon 
IT.  n^t^r""  about  the  lubrlcatory  department  of  the  "best  government  on  ear^'^nd  forl^ 
•opy  of  this  work.-jffarry  Oountp  Democrat,  HoMHng,,  Mich.,  Oct  U  ^^ 

mL^,  ^  ir'^""  ""'  '"^"^  "^  "^"  P^**""  ^-^^^  ^*»°  should*s*nd  for  it.-  Vick.burg  ^m.K) 

w^!rjl^^?>,^  recommend  any  young  person  to  seek  a  government  office  or  clerkship.  w« 
would  advise  thoe.  who  perslst-fii  the  evil  of  their  ways  or  who  want  to  become  a  senrwit  oV  ri 

coste  only  89  o»xiXM.-Oreentborough  (M:)  F^-ee  Press,  Oct.  U.  i'        "us  ena,  ana 

miu^Jf"^?^  .**.*  '^  '^'^'^  ***'  ""*  y**""^  ™*^  ^^*>  ^  decided  to  leave  the  flmn  or  work- 

H^L?  V.    .r  *?i^  ^""'^''  *°*^  **^P^^^  *  8^^  appointment  f^m  his  representativ^r  se^t^r 

Ir^e  abll^  V  !^  T^'*^  ^^^"  ""^"^  °^°*  ^  adequately  remunerate  ^l^tor"^^^ 
•enslve  ability.—  Femdoie  (Jftnn.)  Journal,  OeL  IS. 

i^ii^if  ^r^^  ^PP*"^"'    Tbe  special  richness  of  the  work  is  that  the  office  seeker  who  is 

We  resptect  Civil  Service  Reform,  but  beg  to  doubt  the  practicalness  of  such  idiotic  conundrums 
•■  Mr.  Copp  makes  us  acquainted  with  in  some  specimen  examination  quesUons.  Te  ha^^ 
^^Z  T''*  ^t  neither  the  President  nor  any  one  of  his  Cabinet  oould  run  tl  gaunt^ 
of  such    8peclmens."-CW;iof»c  Universe,  aeveland,  O.,  Oct.  U  gaunuot 

Quite  a  PreUy  penny  our  esteemed  Uncle  has  to  pay  to  his  servants  and  his  political  hanger. 

^  .  *K  ^^^^  ^^  "^^""^  *^  ^«^  *»^«  ^^  ^^  «"«>«  '^i^ed  by  superfluous  -  h^le«  " 
who  get  their  living  by  "  w.rking"  primaries  and  not  at  official  desks  wLch  toey  ^too^^m 
petent  and  dishonest  to  fill,  his  gorge  rises  at  it,  and  he  longs  for  the  mlUenniurXc^l^^ 
t^  bummer  element  in  poliUcs  entirely  suppressed,  and  respectable  men  restored  to  office^ 
in  «^e  days  when  the  office  «)ught  the  man  and  not  the  man  the  office.  It  is  well  tMt  cVtS;^ 
should  know  wher«  the  money  goes,  and  state  and  city  statisticians  would  lo  as^a  ^!^ 
as  Mr.  Copp  hiisdone  bypreparlng  lists  of  public  salarles.-^rooWyn  (N.  Y\  Dailv  Km^*  n^Jr 

This  is  a  pamphlet  of  about  m  ^es,  containing  an  immense  am';>uLt  of  iif^^t^^  p;:Stent 
to  government  matters,  useful  to  aU,and  particularly  valuable  to  those  desirous  of  obtei^lim 
Situations  in  the  civil  service.  It  contains  a  list  of  salaries  fix>m  the  president  3n  to  th^utuS 
postH^fflc^,  teachers,  seamstresses  and  herders  in  the  Indian  agencies,  wk  aSt^e  rm^^Td 
regulations  appertaining,  with  specimen  examination  quesUons  in  the  cUtom  house!  ^^fflc« 
^a  te^SSL   ""^'^"^  ""^"^    ^^"'  ""'^  ^"^"'^  ^^^  ^  ^^«-.  arrangedTy  sUt^ 

It  gives  instructions  how  and  to  whom  to  apply  for  clerkships,  how  to  got  patents  and  Inven 
lions,  or  obtain  satisfaction  for  claims  against  the  government,  information  ^m  government 
special  or  congressional  libraries,  how  to  obtain  "a  f^  ton"  or  "a  rich  mine,"  Inr^t^er 

^HT  Hr>!!?r  y"  °'^°''*'''-  ^'  "^  *  ~°^P^«**  ^^«^  "»*  toblo  Of  contents,  making  ui 
^^  Ji  r  tt  **/  reference,  and  It  contains  more  solid  and  useful  InformaUok^bJectl 
plw^^^T**  American  people,  than  some  whole  llbraries.-ian^»^  ( j«cA.)  I^ 


SI 


• .  "  TU^w@*®  liilli@a®  la  It  I  »* 

The  man  who  invented  the  child's  toy,  called  the  Return  Ball,  (consisting 
of  a  small  wooden  ball  with  a  rubber  string  attached)  cleared  |;  100,000  the  first 
year.  The  inventor  of  the  common  paper  fastener  (which  looks  like  a  small 
brass  T)  is  said  to  be  making  ^30,000  every  year.  A  barbed  wire  fence  looks 
simple  enough,  but  the  owners  of  the  original  patent  are  wealthy  people.  The 
little  stopper,  commonly  used  in  beer  bottles,  yields  ;^4o,ooo  a  year  to  the  owners 
of  the  patent.  Some  years  ago  a  man  patented  a  paper  box  ;  to-day,  the  com- 
pany manufacturing  under  that  patent  doubtless  would  refuse  for  it  an  offer  far 
up  among  the  hundreds  of  thousands. 

A  dozen  other  instances  could  be  given  where  inventions  that  seemed  almost 
too  trifling  to  notice,  have  made  fortunes  for  their  lucky  inventors  and  assignees. 

Of  course  useful  machines  and  great  improvements  in  the  arts  bring  propor- 
tionate rewards  for  patient  investigators  and  thoughtful  workers.  Prof.  Bell,  of 
telephonic  fame,  is  said  to  be  worth  six  millions,  the  result  of  his  wonderful 
invention.  Seven  years  ago  he  was  a  teacher  on  a  salary.  The  world-renowned 
Edison  was  a  poor  boy  and  obtained  his  first  ideas  of  electricity  in  a  telegraph 
office. 

Now,  here  are  a  few  questions  for  your  consideration.  What  new  thing,  or 
what  improvement  on  an  old  thing  can  I  devise  ?  Is  anything  I  ever  constructed 
patentable  ?     How  can  I  get  a  patent  ?     What  will  a  patent  cost  ? 

No  one  but  yourself  can  answer  the  first  question.  The  range  of  possibili- 
ties IS  immeasurable.  The  idea  of  hearing  and  recognizing,  through  a  solid  iron 
wire,  the  voice  of  a  person  a  hundred  miles  away  must,  to  our  grand -parents, 
have  seemed  the  notion  of  a  lunatic.  To-day  the  telephone  is  a  well-known  in- 
strument. As  a  rule,  largest  fortunes  are  made  on  smallest  things.  Try  your 
inventive  power  on  the  articles  you  see  about  you  every  day. 

To  illustrate,  an  Illinois  boy  has  been  offered  |io,ooo  for  his  recently  pat- 
ented corn  sheller.  A  young  lawyer,  in  the  same  towL,  modestly  estimates  at 
|4o,ooo  the  value  of  his  contract  with  a  company  for  manufacturing  his  im- 
proved door  hinge.  After  passing  a  certain  point,  this  hinge  swings  the  door 
open  and  keeps  it  open.  Why  cannot  women  invent  more  appliances  for  lessen- 
ing household  labor?  A  fortune  rivalling  the  millions  left  by  Singer,  of  Sewing 
Machine  notoriety,  awaits  the  man  or  woman  who  constructs  a  successful  dish- 
washing machine.  • 

Send  a  drawing  of  anything  you  have  invented,  or  a  small  model,  to  the 
undersigned  who  will,  for  a  fee  of  I5,  examine  if  it  can  be  patented. 

A  patent  is  obtained  through  the  United  States  Patent  Office,  and  the  best 
way  to  secure  it  is  by  the  aid  of  a  Washington  attorney.  To  know  if  an  inven- 
tion is  patentable,  it  must  be  compared  with  the  patents  already  issued,  either  in 
this  country  or  elsewhere  in  the  world.  If  the  article  is  already  in  use  it  cannot 
be  patented.  An  attorney  should  have  access  to  patent  records  to  decide  this 
question  and  prevent  the  loss  of  an  application  fee.  It  is  plain  to  see  then,  that 
no  Solicitor  outside  of  Washington  can  have  the  advantages  of  the  classified  pat- 
ent drawings  and  libraries  of  the  government. 

To  secure  these  advantages,  many  solicitors  elsewhere  have  branches  or 
^k^w^  correspondents  in  Washington.  Why  not  do  your  business  directly  with 
the  Washington  attorney?  You  will  save  much  time  and  considerable  money, 
and  be  more  satisfactorily  answered. 

Lastly,  the  government  expense  of  securing  a  patent  is  I15  with  the  appli- 
cation and  ^20  when  the  patent  is  ready  for  issue.  The  attorney's  fee  depends, 
like  every  other  business,  on  the  difficulty  and  nature  of  the  work.  It  will  be 
stated  in  every  case,  and  except  an  expense  charge,  in  advance,  of  $10,  will  not 
Repayable  until  the  patent  is  ready  to  issue.  In  other  words,  NO  PATENT,  NO  FEE, 
Addpawi,  HBNBY  N.  COPP,  SoUcitor  of  Patents,  WASHINaTOliT,  D.  C. 


#i 


1 


w 


m 


LATEST. 


CHEAPEST. 


BEST. 


SOLID  REASONS  FOR  BUYING  THIS  BOOK: 

IT  HAS  THE  BEST   INDEXES.      XT   IS  THE  CHEAPEST.      IT   HAS   NO  SURPLUS  VERBIAGE. 

IT  CONTAINS  DR.  RAYMOND'S  GLOSSARY.      IT  EXPLAINS  HOW  TO  EXAMINE  MINING 

TITLES.      IT  CONTAINS  NUMEROUS  COURT   DECISIONS.      IT  GIVES   THE  PUBLIC 

LAND  COMMISSION'S  CODIFICATION.      IT   HAS  THE  NEW   RULES   OF 

PRACTICE.        IT    GIVES    MANY    AND    IMPROVED    FORMS. 


UNITED  STATES  MINERAL  LANDS, 

Laws,  Forms,  Instructions  and  Decisions, 
IS  25r  r '  Tr  k^ej^dy  foe.  id:h]Tji.-vie]:r-y: 


TWO  EDITIONS:! 


FULL  LAW  BINDING,  EXTRA  PAPER,  676  PAGES,  ONLY    $8.00. 
HALF  LAW  BINDING.   MEDIUM  PAPER,  676   PAGES,  ONLY    |4. 

The  list  of  Names  occupies  15  (not  3>^ )  pages.  The  Index  35  pages,  double  columns, 
or  70  (not  I2|^)  pages,  single  columns.  Under  Adverse  Claim  (and  Claimant)  are  83 
references  in  the  Index  ;  under  Appl.  for  Patents  are  80  references.  Patent  74,  Location 
87  .Survey  91,  and  under  other  captions  the  references  are  proportionally  numerous. 

The  valuable  matter  contained  in  this  book  could  easily  have  been  spread  to  occupy 
1000  pages;  but  it  has  been  condensed  into  570  pages,  thus  saving  much  expense,  and 
considerable  time  and  bother  in  finding  whs^t  is  sought. 

The  Interior  Department  has  purchased  sixty  cojjies,  and  each  Land  Office  in  the 
mining  regions  has  been  supplied.     You  are  referred  to  the  nearest  Register  and  Re 
ceiver,  and  to  the  U.  S.  Surveyor-General. 

Address  HBNBT  H.  COPP, 

^      NO.  113  MD.  AVENUE  N.  E.,  WASHINGTON.  D.  C. 


Part  I-^Laws. 


United  States  Revised  Mining  Statutes,  with  extracts  from  the  laws  of  1866,  1870- 
and  1872    following  app.opriate  sections  ;   Laws  of  1866  and  1870  in  full,  for  reference ;  A  ublc  of  par. 
•llel  reference  of  Laws  and  Revised  Statutes,  Acts  of  Congress,  in  full,  of  February  »8,  1873,  March  i 
1873,  Jun.»6,  1874,  February  11,  1875,  May  5,  1876,  January  2a,  1880;  Sutro  lunnel  I^w  :  Timber- 
cutSng  Law ;  Timber  and  Stone  Law ;  Saline  Law,  and  Coal  Laws  of  1864,  1865,  and  1873. 

Part  II—lMnd  Office  Regulations,  a.  General  Circular  of  Instructions;  d.  Circular  of  July  15, 
1871  defining  valuable  deposits  and  rock  in  place  ;  c.  Circulars  relative  to  hearing^  ;  rf.  Circulars  rela- 
live  to  surveys ;  r.  Circulars  relative  to  annual  expenditures ;/.  Stone  and  Timber  Unds ;  ^.  Saline 
lands  and  Salt  deposits  ;  A.  Coal  land  regulations. 

Pari  HI— Land  Office  Rulings,  a.  All  the  important  rulings  under  the  general  laws,  chronolog- 
ically arranged,  (some  300  pages.)  This  is  the  best  arrangement.  All  the  decisions  under  the  law  of 
1866  are  brought  thereby  together,  and,  as  the  majority  of  decisions  embrace  two  or  inore  subjecu,  no 
other  arrangement  can  prove  satisfactory.  A  good  index  will  refer  the  inquirer  to  all  rulings  upon  a 
given  question,  b.  Saline  lands  and  salt  deposits  (four  pages)  ;  <r.  Coal  lands  (ten  pages).  In  preparing 
Uiese  ruUngs.  surplus  verbiage  has  been  omitted,  such  as.  "  Very  respectfully.  You  will  notify  all 
parties  and  allow  sixty  days  for  appeal,"  "  The  papers  m  the  case  are  herewith  returned,'  In  reply 
to  your  inquiry  in  letter,"  etc.,  etc.  Purchasers  have  been  saved  fully  200  pages  of  waste  paper  and 
the  consequent  expense  ;  also,  considerable  time  and  bother  in  finding  what  is  sought. 

Part  IV— Judicial  Decisions,  a.  The  leading  Federal  and  Sttte  decisions  in  full ;  5.  Digest  o< 
about  two  hundred  court  decisions. 

Part  V— Miscellaneous,  a.  Some  thirty-five  forms.  Those  relating  to  applications  for  patent  have 
been  revised  by  C  W.  Holcomb,  Chief  Qerk  of  the  General  Land  Office,  and,  until  recently,  chief  of 
the  mining  division  of  that  office  ;  b.  Glos.sary  prepared  by  R.  W.  Raymond,  late  U.  S.  Mining  Com- 
missioner.  This  is  the  only  complete  glossary  of  modem  mining  terms  ever  published,  and  lawyers 
will  find  it  of  incalculable  value  in  examining  witnesses  and  understanding  their  testimony  ;  c.  New 
Rules  of  Practice,  approved  by  Secretary  Schuri,  to  take  effect  February  i,  i88x  ;  d.  Full  instructions 
how  to  examine  a  mining  title.  This  valuable  feature  will  be  appreciated  by  lawyers,  especially  those 
who  have  lately  located  in  mining  communities  ;  e.  The  Public  Land  Commifsion's  Codification  re- 
lating to  mineral  lands.  It  contains  numerous  references  to  Court  and  Land  Department  decuioos 
■ader  each  tectioo. 


I 


la.' ■:■■;■  I a.»¥ri. ■,/..%.«:;, ^.;-p^;  yiiy;<»wi:riPT?'^-'::'^'''"*!i''<«gJ'#::-v 


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D116 
C79 


COLUMBIA  UNIVERSITY  LIBRARIES          ( 

This  book  is  due  on  the  date  indicated  below,  or  at  the 
expiration  of  a  definite  period  after  the  date  of  borrowing, 
as  provided  by  the  library  rules  or  by  special  arrangement 
with  the  Librarian  in  charge. 

OATK  BORROWKO 

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OATS  OUC 

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cas  (•ea)  bom 

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"Coppj  Henrys N> 

American  settler's  guide. 
48B&« 


^t 


COLUMBIA  UNIVERSITY 


/15H 


JUN  1 2  1940 


H*?;,^.' 


END  OF 
TITLE 


